Sunday, April 24, 2011

Gitlow v. New York (1925)

Benjamin Gitlow was charged because he was inciting ways to overthrow the American government with two of his published books based off of Marx and Engels' Communist Manifesto. When appealed to the Supreme Court, it decided 7 to 2 for the conviction of Gitlow. The court justices believe that although citizens do have the right of the First Amendment, the right of speech, in this particular case, it was for an abusive manner.

The court made a correct decision in this case because it insured the safety of the people of the United States. While free speech is an important right to all of us, if the activity in doing so can potentially cause harm or incite violence toward the society or the government, then I believe it is necessary for each and every state to hold responsibility to judge upon these potential criminals as soon as possible.

Here I have a review of the whole court, which includes those who agreed and dissented in this particular case.

While is is proper to have the right to express particular opinions, even if it is against the "America" ideal, one must limit the emotional content that is being expressed to the public. The government has the right to put down and potential unlawful usage of the freedom of speech in order to preserve public image, morality, and safety.

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