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Summary: Does The First Amendment, Free Expression Clause

309 Words2 Pages

Does the First Amendment, Free Expression Clause, apply to the New York State law against Criminal Anarchy, depriving Giltow of his liberty of expression under the Due Process Clause of the Fourteenth Amendment?

Benjamin Gitlow, a member of the Socialist Party of America, advocated the overthrow of organized government by force, violence, and other unlawful means through his Left Wing Manifesto. He was arrested and charged with criminal Anarchy, “the policy that organized government should be overthrown by force or violence... or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony”. Gitlow argued that the New York law was an unconstitutional limit forced by the state on the rights guaranteed

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