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Constitutional Law Keyed to Barnett
Gitlow v. People of State of New York
Citation:
268 U.S. 652 (1925)Facts
The defendant was a member of the Left Wing of the Socialist Party, and was in charge of printing the party’s manifesto. After distributing the manifesto, the defendant was convicted under a New York Law that criminalized the distribution of writing that “advocat[ed], advise[ed], or [taught] the doctrine that organized government should be overthrown by force, violence, or any unlawful means . . .”. On appeal, he argued that there was no concrete harm that flowed from the publication or circulation of the manifesto, and the New York law under which he was convicted violated the Due Process Clause of the Fourteenth Amendment.
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