Gitlow v. New York

E15485

First Amendment case U.S. Supreme Court case incorporation doctrine case landmark case

Gitlow v. New York is a 1925 U.S. Supreme Court case that marked a major step in applying First Amendment free speech protections to the states through the Fourteenth Amendment.

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All labels observed (4)

Label	Occurrences
Gitlow v. New York canonical	21
Benjamin Gitlow v. People of the State of New York	1
Gitlow	1
majority opinion in Gitlow v. New York	1

How this entity was disambiguated

This entity first appeared as the object of triple T126051 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.

NED1 Entity disambiguation (via context triple) gpt-5-mini-2025-08-07

Target entity: Gitlow v. New York
Context triple: [Fourteenth Amendment to the United States Constitution, keyCase, Gitlow v. New York]

A. Printz v. United States
Printz v. United States is a 1997 U.S. Supreme Court decision that limited federal power by holding that Congress cannot compel state or local officials to implement federal regulatory programs.
B. Reynolds v. United States
Reynolds v. United States is an 1879 U.S. Supreme Court case that established the distinction between protected religious belief and regulable religiously motivated conduct, holding that the Free Exercise Clause does not excuse individuals from compliance with otherwise valid criminal laws such as those banning polygamy.
C. Bolling v. Sharpe
Bolling v. Sharpe is a 1954 U.S. Supreme Court case that held racial segregation in Washington, D.C. public schools unconstitutional under the Fifth Amendment’s Due Process Clause.
D. Katzenbach v. McClung
Katzenbach v. McClung is a 1964 U.S. Supreme Court case that upheld the federal government’s power to prohibit racial discrimination in local restaurants under the Civil Rights Act of 1964.
E. United States v. Comstock
United States v. Comstock is a 2010 U.S. Supreme Court case that upheld Congress’s authority to civilly commit mentally ill, sexually dangerous federal prisoners beyond their release date under the Constitution’s Necessary and Proper Clause.
F. None of above. chosen
G. Unsure - the case is ambiguous/there is not enough information to decide.

NED2 Entity disambiguation (via description) gpt-5-mini-2025-08-07

Target entity: Gitlow v. New York
Target entity description: Gitlow v. New York is a 1925 U.S. Supreme Court case that marked a major step in applying First Amendment free speech protections to the states through the Fourteenth Amendment.

A. Printz v. United States
Printz v. United States is a 1997 U.S. Supreme Court decision that limited federal power by holding that Congress cannot compel state or local officials to implement federal regulatory programs.
B. Reynolds v. United States
Reynolds v. United States is an 1879 U.S. Supreme Court case that established the distinction between protected religious belief and regulable religiously motivated conduct, holding that the Free Exercise Clause does not excuse individuals from compliance with otherwise valid criminal laws such as those banning polygamy.
C. Bolling v. Sharpe
Bolling v. Sharpe is a 1954 U.S. Supreme Court case that held racial segregation in Washington, D.C. public schools unconstitutional under the Fifth Amendment’s Due Process Clause.
D. Cantwell v. Connecticut
Cantwell v. Connecticut is a 1940 U.S. Supreme Court case that first applied the First Amendment’s Free Exercise Clause to the states, striking down a state law that improperly restricted religious proselytizing.
E. Katzenbach v. McClung
Katzenbach v. McClung is a 1964 U.S. Supreme Court case that upheld the federal government’s power to prohibit racial discrimination in local restaurants under the Civil Rights Act of 1964.
F. None of above. chosen

Statements (46)

Predicate	Object
instanceOf	First Amendment case ⓘ U.S. Supreme Court case ⓘ incorporation doctrine case ⓘ landmark case ⓘ
hasCategory	United States Fourteenth Amendment case law ⓘ United States free speech case law ⓘ United States incorporation doctrine case law ⓘ
hasCharge	distributing a manifesto advocating the overthrow of the government by force ⓘ
hasCitation	268 U.S. 652 ⓘ
hasConstitutionalProvision	First Amendment to the United States Constitution ⓘ Fourteenth Amendment to the United States Constitution ⓘ linked to: Fourteenth Amendment
hasContext	Red Scare era ⓘ
hasCountry	United States ⓘ linked to: United States of America
hasCourt	Supreme Court of the United States ⓘ
hasDecisionDate	1925-06-08 ⓘ
hasDissentBy	Louis D. Brandeis ⓘ linked to: Justice Louis D. Brandeis Oliver Wendell Holmes Jr. ⓘ
hasDoctrine	incorporation of the Bill of Rights ⓘ
hasEra	Taft Court ⓘ linked to: Supreme Court of the United States
hasFullCaseName	Benjamin Gitlow v. People of the State of New York ⓘ linked to: Gitlow v. New York
hasHolding	First Amendment freedom of speech and press protections apply to the states through the Fourteenth Amendment Due Process Clause ⓘ a state may punish speech that advocates the overthrow of government by force or violence if such speech involves a sufficient tendency to result in such action ⓘ
hasJurisdictionBasis	federal constitutional question ⓘ
hasKeyConcept	dangerous tendency test ⓘ freedom of political expression ⓘ selective incorporation ⓘ
hasLegalIssue	application of the First Amendment to the states ⓘ criminal anarchy laws ⓘ freedom of speech ⓘ freedom of the press ⓘ
hasLowerCourt	New York courts ⓘ linked to: New York Supreme Court
hasMajorityOpinionBy	Edward Terry Sanford ⓘ
hasOutcome	conviction affirmed ⓘ
hasPartyRole	Gitlow was a socialist political activist ⓘ
hasPetitioner	Benjamin Gitlow ⓘ
hasProceduralPosture	appeal from a state criminal conviction ⓘ
hasPublicationType	reported decision in the United States Reports ⓘ
hasRelatedTest	clear and present danger test (discussed in dissent) ⓘ
hasRespondent	State of New York ⓘ linked to: U.S. state of New York
hasSignificance	first major case in which the Supreme Court assumed that First Amendment protections apply to the states ⓘ important step in development of the incorporation doctrine ⓘ limited protection for radical political speech at the time ⓘ
hasStateLawInvolved	New York Criminal Anarchy Law ⓘ linked to: New York State statutes
hasSubsequentInfluence	paved the way for later robust free speech decisions such as Brandenburg v. Ohio ⓘ
hasVote	7–2 ⓘ
hasYear	1925 ⓘ

How these facts were elicited

Referenced by (24)

Full triples — surface form annotated when it differs from this entity's canonical label.

Fourteenth Amendment to the United States Constitution → keyCase → Gitlow v. New York ⓘ

subject linked to: Fourteenth Amendment

Gitlow v. New York → hasFullCaseName → Benjamin Gitlow v. People of the State of New York ⓘ

linked to: Gitlow v. New York

Incorporation doctrine → keyCase → Gitlow v. New York ⓘ

Schenck v. United States → relatedCase → Gitlow v. New York ⓘ

Abrams v. United States → relatedCase → Gitlow v. New York ⓘ

Palko v. Connecticut → relatedCase → Gitlow v. New York ⓘ

Benjamin Gitlow → familyName → Gitlow ⓘ

subject linked to: Gitlow was a socialist political activist

linked to: Gitlow v. New York

Benjamin Gitlow → defendantIn → Gitlow v. New York ⓘ

subject linked to: Gitlow was a socialist political activist

Benjamin Gitlow → notableWork → Gitlow v. New York ⓘ

Benjamin Gitlow → convictedIn → Gitlow v. New York ⓘ

Benjamin Gitlow → legalCase → Gitlow v. New York ⓘ

Benjamin Gitlow → subjectOf → Gitlow v. New York ⓘ

clear and present danger test → appliedInCase → Gitlow v. New York ⓘ

Dennis v. United States → relatedCase → Gitlow v. New York ⓘ

Barron v. Baltimore → relatedCase → Gitlow v. New York ⓘ

De Jonge v. Oregon → relatedCase → Gitlow v. New York ⓘ

Near v. Minnesota → relatedCase → Gitlow v. New York ⓘ

Whitney v. California → relatedCase → Gitlow v. New York ⓘ

Yates v. United States → relatedTo → Gitlow v. New York ⓘ

New York Criminal Anarchy Law → testedInCase → Gitlow v. New York ⓘ

Herndon v. Lowry → relatedCase → Gitlow v. New York ⓘ

De Jonge v. Oregon → relatedCase → Gitlow v. New York ⓘ

subject linked to: Dirk De Jonge was convicted for speaking at a peaceful public meeting held under the auspices of the Communist Party in Portland, Oregon

Edward Terry Sanford → notableWork → majority opinion in Gitlow v. New York ⓘ

subject linked to: Justice Edward Terry Sanford

linked to: Gitlow v. New York

Taft Court → significantCase → Gitlow v. New York ⓘ

All labels observed (4)

How this entity was disambiguated Show

Statements (46)

How these facts were elicited Show

Referenced by (24)

How this entity was disambiguated

How these facts were elicited