Legal Definitions - Gitlow v. New York (1925)

Gitlow v. New York (1925) is a landmark U.S. Supreme Court case that significantly shaped how individual rights are protected against actions by state governments. The Court made two crucial rulings:

• First Amendment Applies to States: It established that the First Amendment's protection of free speech is not just a limit on the federal government, but also applies to state governments through the Fourteenth Amendment'sDue Process Clause. This process is known as "selective incorporation," meaning certain fundamental rights from the Bill of Rights are gradually applied to the states.
• Free Speech Has Limits: While affirming that states must respect free speech, the Court also clarified that this right is not absolute. States can impose reasonable restrictions on speech if those restrictions are genuinely necessary to protect public safety, order, or welfare. However, such restrictions cannot be arbitrary or overly broad; they must be carefully tailored and justified.

Here are some examples illustrating the impact of Gitlow v. New York:

• Example 1: State Law Against Incitement to Violence

  Imagine a state passes a law making it illegal to publicly advocate for the violent overthrow of the state government, even if no immediate violence occurs. Before Gitlow, the state might have argued that the First Amendment did not apply to its actions. After Gitlow, the state must acknowledge that its citizens have a First Amendment right to free speech. However, the state could still enforce this law if it can demonstrate that such advocacy poses a clear and present danger to public safety and order, and that the restriction is a reasonable and necessary measure, not an arbitrary suppression of dissent.

• Example 2: Speech Policies at State Universities

  Consider a state-funded university that implements a policy prohibiting students from distributing flyers on campus that explicitly encourage illegal activities, such as underage drinking or drug use, citing concerns for student health and safety. Due to Gitlow v. New York, the students' First Amendment right to free speech applies to the university, as it is a state entity. However, the university could likely uphold its policy if it can show that the restriction is a reasonable and targeted effort to protect student welfare and maintain order on campus, rather than an arbitrary ban on all controversial speech.

• Example 3: City Ordinances on Public Noise

  Suppose a city, operating under state authority, enacts an ordinance prohibiting the use of amplified sound systems in residential neighborhoods after 10 PM, citing the need to protect residents from excessive noise and ensure peace and quiet. Citizens might argue this infringes on their right to free speech, especially if they want to use a loudspeaker for a late-night political rally. Gitlow v. New York confirms that the First Amendment applies to this city ordinance. However, the city could likely defend its ordinance as a reasonable "time, place, and manner" restriction, balancing the right to free speech with the legitimate public interest in maintaining residential tranquility and public welfare, provided the restriction is not arbitrary and allows for other avenues of expression.