Gitlow V New York Case Study

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Gitlow v. New York Hale, 2

Gitlow v. New York: Establishing Selective Incorporation

Scarlet Hale

Liberty High School
AP Government 3A/B

Gitlow v. New York may not be a commonly known case among citizens, but is quite significant within the United States government. The case was argued in 1923 and reargued in that same year after Benjamin Gitlow was handing out copies of the Left-Wing Manifesto during the first Red Scare in the United States (Chicago-Kent College of Law, 2015) (US Supreme Court). The court case was not established until two years later in 1925. Gitlow v. New York established that a state government has the right to punish an individual or group for promoting revolution, even though they have the
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Selective incorporation still stands with the state governments. Selective incorporation does not guarantee the states to win every case that the Supreme Court sees. The rights of the individual are still protected along with the implication of selective incorporation. Selective incorporation was the system used to balance out the freedoms of individuals so that they stay within the state governments regulations, but also have their constitutional freedoms as well.
The impact of this case still stands today. There is still selective corporation in our government today. This was a very key action made by the Supreme Court. Gitlow v. New York has affected the United States Government and choices made by the Supreme Court since it established selective incorporation.


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Chicago-Kent College of Law. (2015). Barron v. Baltimore. Retrieved December 8, 2015, from

Cornell University Law School. (2015). Incorporation Doctrine. Retrieved December 7, 2015, from

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