Essay on "Freedom of Speech History"

Essay 3 pages (1002 words) Sources: 6

[EXCERPT] . . . .

Therefore the state cannot prohibit speech not unless it presents clearly a danger to the interests of the public.

Relevance of the case

The case was appealed by Gitlow after his conviction. The Supreme Court then ruled in his favor. This was a very huge step when it comes to the incorporation of civil liberties .the precedent had been articulated clearly by the Supreme Court and the case ensured its complete establishment. Until the establishment of the doctrine, the bill of rights was only applicable to the federal law .individual state's Bill of rights regulated the laws of the particular state (Pearson Education Inc., 2010).

Gitlow extended the first amendment right to the law of the state ensuring the non-existence of power of the oppressive state laws by Federal court system. Therefore the Gitlow v. New York saw the court acknowledging the fact that the first amendment freedom of speech had provisions for the protecting of individuals as well as groups from interference from the government.

The case of Gitlow v. New York dealt with the state government and particularly their ability to uphold civil rights liberties as they have been expressed in the United States Constitution. Because of this case the court established a selective way to incorporate liberties which meant that only liberties that are considered implicit in the ordered liberty concept could be applied to states. The case therefore paved way for the application of Bill of rights to states through the fourteenth amendment.

Complications developing from the case

Freedom of speech and press does not necessarily give someone the absolute right to publish anything or speak without one being held responsible for what might follow the actions. The state therefore has the duty of regulating speech or press so that they can protect the citizens and protect their general welfare. Therefore a clear ruling was difficult to make because of the fact that though Gitlow was free to express himself there should be consequences that he should face incase in the process of expressing himself there are laws that he is violating. In the case he was accused of trying to overthrow the government though what he had printed in his pamphlets. It was a complicated situation since Gitlow was just expressing himself even though through these people could be persuaded to think otherwise of the Government.

References

Laws.com, (2013). Gitlow v. New York. Retrieved march 14, 2013 from http://kids.laws.com/gitlow-v-new-york

Casebriefs LLC., (2013). Gitlow v. New York. Retrieved march 14, 2013 from http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/first-amendment-freedom-of-expression/gitlow-v-new-york/

Pearson Education Inc. (2010).civil liberties. Retrieved march 14, 2013 from http://wps.prenhall.com/hss_berman_democracy_4/7/1859/476148.cw/index.html

Digital History. (2013). Gitlow v. New York. Retrieved March 14, 2013 from http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=4070

Tangient LLC. (2013). Court Case: Gitlow v. New York 1925. READ MORE

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