Gitlow VS. New York
Süžeeskeem Tekst
- New York
- VS
- Gitlow
- Wait so technically our first amendment can be suspended for the '"good of the public"?
- Honestly though! There was no "resulting action" after I released the manifesto in the school news paper, but they still penalized me for "what could happen" even though NOTHING HAPPANED!!!
- GITLOW
- I'm making it seem like the cases are in modern time; located in a high school. Gitlow's "manifesto" to "overthrow" the government, was a high schoolers "manifesto" in the school newspaper.
- To be fair they were trying to up hold the school law (New York's Criminal Anarchy Statute of 1902) and it clearly prohibits the advocation of "violently" overthrowing the school board (government)
- they= New York
- Intro of the "issue"
- Technically the school (state) may forbid both speech and publication if they have a tendency to result in action dangerous to public security
- "Gitlow"'s argument
- But also suppression and punishment for speech requires an immediate incitement so....
- New York's argument
- The majority's opinion
- The "minority"/dissenting's opinion
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