Quimbee logo
DMCA.com Protection Status

Gitlow v. New York

268 U.S. 652 (1925)

Case BriefQ&ARelatedOptions
From our private database of 22,600+ case briefs...

Gitlow v. New York

United States Supreme Court

268 U.S. 652 (1925)

Play video

Facts

The State of New York passed a statute that prohibited the written or verbal advocacy of criminal anarchy, which is a doctrine advocating overthrowing the government through force or violence. Gitlow (defendant), a socialist, was arrested for distributing copies of a left-wing manifesto that called for the establishment of Socialism in America through mass political strikes and revolutionary mass action of any kind. At trial, Gitlow argued that since there was no conduct incited by the publication and distribution of the manifesto, his speech constituted mere utterances that did not present a clear and present danger to the United States government. Gitlow was nevertheless convicted. He then challenged his conviction against the State of New York (plaintiff) on the grounds that the state’s criminal anarchy statute violated the Fourteenth Amendment Due Process Clause. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Sanford, J.)

Dissent (Holmes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 519,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 519,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 519,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership