Gitlow v. New York (1925)

Facts:
Benjamin Gitlow, a member of the Workers Communist Party USA, published and distributed 16,000 copies of a "Left Wing Manifesto" that advocated the establishment of socialism by strikes and revolutionary activities. Gitlow was charged with violating a New York state law that prohibits criminal anarchy.

Substantive Issue:

1. Does the due process clause of the 14th Amendment protect a person from state action that abridges one's 1st Amendment freedoms?

2. Can states punish individuals whose actions result in no concrete harm?

USSC Ruling:
Conviction affirmed 7-2.

• Sanford wrote the majority opinion.
• Holmes and Brandeis wrote a dissent.

Reasoning:

1. First via the Fourteenth

2. Gitlow's potential danger justified New York's criminal anarchy law.

The dissent argues that "every idea is an incitement."