Gitlow v. New York

Facts

Gitlow (D) was a member of the Socialist Party and was responsible for printing the Revolutionary Age, the party's newspaper. D printed articles supporting the accomplishment of the Communist revolution through militant revolutionary socialism. D was arrested, tried, and convicted for violating a New York statute prohibiting language advocating, advising, or teaching the overthrow of organized government by unlawful means. D's counsel claimed that since there was no resulting action from the publication, the statute penalizes the mere utterance despite the lack of evidence of any effect. The court charged the jury that they must determine what was the intent, purpose and fair meaning of the Manifesto. Its words must be taken in their ordinary meaning, as they would be understood by people whom it might reach. They were instructed that a mere statement or analysis of social and economic facts and historical incidents, in the nature of an essay, accompanied by prophecy as to the future course of events, but with no teaching, advice or advocacy of action, would not constitute the advocacy, advice or teaching of a doctrine for the overthrow of government within the meaning of the statute. They were instructed that a mere statement that unlawful acts might accomplish such a purpose would be insufficient, unless there was a teaching, advising and advocacy of employing such unlawful acts for the purpose of overthrowing government. D was convicted. D appealed. Both the Appellate Division and the Court of Appeals held the statute constitutional.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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