Benjamin Gitlow was convicted for violating the 1902 New York Criminal Anarchy Act. This Act prohibited speaking, teaching, advising, printing, pblishing, circulating, selling, distributing or publicly displaying of organized anarchy. Gitlow was caught teaching the necessity to overthrow the government and he made two publications based off of the Communist Manfiesto. This case deals with the issue of whether or not the First Amendment’s protections of press and free speech are included in the Fourteenth Amendment, which then makes them applicable at state level.
With a 7 to 2 vote, the Court decided to approve Gitlow’s conviction. I don’t think I completely agree with this ruling. We are given the right to free speech and free press. I don’t see why it is okay for the government to censor or simply remove people’s publications or teachings for self-preservation. Our government is unique in that the citizens are allowed to freely express what they want. If the government always removed anything that seemed threatening, it would become oppressive.
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