POLI 4021 Chapter : Brief 5
Document Summary
Facts: benjamin gitlow, a socialist, was arrested and charged with mass action to overthrow the capitalist government in the united states. The distributing a pamphlet, the left wing manifesto. this pamphlet wanted a. New york trial court prosecuted gitlow for violating the state"s criminal anarchy law. It was argued by the defense that the first amendment"s freedom of expression rights were being violated. Issues: 1) did the statue, prohibiting criminal anarchy, deprive gitlow of his. First amendment constitutional right to freedom of expression: decision and action: 1) no affirmed. The judgment of the state legislature was affirmed because the speech was dangerous to the. Unless a clear and present danger to the. Ix. public interest is present, a state may not prohibit speech. Summary: gitlow published a communist manifesto pamphlet in the united.
