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Gitlow v. New York

Supreme Court

268 U.S. 652 (1925)

Relevant factsFree

Gitlow (defendant), a socialist, was convicted under a New York statute criminalizing advocacy of overthrowing organized government by force after he distributed a manifesto calling for socialism through mass strikes and revolutionary action; Gitlow argued the manifesto incited no actual conduct and constituted mere abstract utterance posing no clear and present danger, but was convicted regardless, and challenged the statute as violating the Fourteenth Amendment.

IssueFree

Whether a state statute criminalizing the written or verbal advocacy of overthrowing the government by force violates the liberty interests protected by the Fourteenth Amendment's incorporation of free speech and press.

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