Gitlow v. New York (1925)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) 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.

3) 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.

4) What It Provided or Took Away

• Provided: Recognition that states must respect First Amendment free speech protections.
• Took Away: The notion that the Bill of Rights restricted only the federal government.

5) 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.

6) Plain-English Impact Today
Because of Gitlow, states cannot freely censor political speech. This opened the door for modern free speech protections against both federal and state governments.

• First Amendment
• Free Speech
• Incorporation
• 14th Amendment
• Individual Rights