Gitlow v. New York

📋 Summary of the Opinion

Benjamin Gitlow, a socialist, was convicted under New York’s criminal anarchy law for publishing a manifesto advocating revolutionary socialism. The Supreme Court upheld his conviction but, for the first time, held that the First Amendment’s free speech protections apply to the states through the Due Process Clause of the 14th Amendment.

⚖️ Why It Mattered

This case marked the start of incorporation doctrine, where the Court gradually applied most of the Bill of Rights to the states.

✅ What It Provided or Took Away

🤔 Overreach or Proper Role?

The Court struck a balance — affirming incorporation but still upholding Gitlow’s conviction under the “bad tendency” test, which allowed broad restrictions on speech. It was both a breakthrough and a limitation.