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Supreme Court First Amendment Case Freedom of Speech

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Presentation on theme: "Supreme Court First Amendment Case Freedom of Speech"— Presentation transcript:

1 Supreme Court First Amendment Case Freedom of Speech
Gitlow v. New York Supreme Court First Amendment Case Freedom of Speech

2 Facts of the Case Argued: April 12, 1923 Decided: June 8, 1925
Gitlow was arrested and convicted for criminal anarchy under New York state law

3 Question & 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? Majority Justice Stanford: States can punish those threatening overthrow Dissenting Justice Holmes: Gitlow did not present a present danger

4 Conclusion 1st Amendment applies to states; Due Process Clause in 14th Amendment Indoctrination Clause The Supreme Court upheld New York’s conviction by vote of 7-2

5 Pleasant 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.

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