Presentation on theme: "Supreme Court First Amendment Case Freedom of Speech"— Presentation transcript:
1Supreme Court First Amendment Case Freedom of Speech Gitlow v. New YorkSupreme CourtFirst Amendment CaseFreedom of Speech
2Facts of the Case Argued: April 12, 1923 Decided: June 8, 1925 Gitlow was arrested and convicted for criminal anarchy under New York state law
3Question & Opinions Question: Does the New York law punishing the advocacy of overthrowing the government an unconstitutional violation of the free speech clause of the First Amendment?MajorityJustice Stanford: States can punish those threatening overthrowDissentingJustice Holmes: Gitlow did not present a present danger
4Conclusion1st Amendment applies to states; Due Process Clause in 14th AmendmentIndoctrination ClauseThe Supreme Court upheld New York’s conviction by vote of 7-2
5Pleasant Grove City v. Summum Issue: Does a city's refusal to place a religious organization's monument in a public park violate that organization's First Amendment free speech rights when the park already contains a monument from a different religious group?Decision: No. A monument in a public park is form of government speech.Unanimous vote with 4 varying concurrent opinions.