Gitlow V. New York Essay

848 Words Jan 25th, 2016 4 Pages
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 freedom of speech, even if it goes against the state statute. Gitlow v. New York was also the first case to establish selective incorporation. (Chicago-Kent College of Law, 2015) Selective Corporation became a key element for many court cases that followed Gitlow v. New York was the first time the Bill of Rights was applied to the states. The importance of selective corporation was that ever since Gitlow v. New York the states had freedoms that were protected. The states were also protected from the rights of the people that have been taken out of hand. Such as, Benjamin Gitlow promoting socialism during the First Red Scare in the 1920?s. In that time period that was consider clear and present danger to the public (Chicago-Kent College…

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