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Gitlow VS. New York

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Gitlow VS. New York
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  • 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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