Monday, April 25, 2011

Gitlow v. New York

In 1925 Benjamin Gitlow taught people to overthrow the government with two published works. His work violated New York law which prohibited organized government overthrow with force or violence. The case was moved to the Supreme Court after issues were found relating to the First Amendment of free speech and press.
The Court emphasized that states were bound by the First Amendment because federal rules over state law. Furthermore, it was decided that speech could only be bound if it formulated "clear and present danger", said Justice Edward Sanford. States could not punish speech unlawfully because doing so would actually cause more problems for the government's own constitutional state. there could be even more reasons for overthrow, because of the lack of legitimacy within the government.
I agree with the outcome of the trial, except cases censoring speech vary from case to case. Some cases are on border with causing actual harm or not. It is hard to decide weather or not speech is lawful or not.

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