On the principal matter: does the Bill of Rights - in this case: the right of freedom of speech - also apply to State legislation - Benjamin Gitlow won. But the Supreme Court on the other hand upheld Gitlow's 8-year prison sentence for publishing a left-wing pamphlet.
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Gitlow v. New York
Gitlow v. New York, 268 U.S. 652 (1925), was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment-specifically the provisions protecting freedom of speech and freedom of the press-to the governments of the individual states. It was one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.
The impact of Gitlow v. New York caused courts to prohibit the types of speech that could be suppressed by the government. The ruling in Gitlow v. New York was thrown out in the 1930's.
The simple answer is "the Supreme Court," but that isn't entirely accurate.If the case involves federal law, then the United States Supreme Court is the highest judicial authority.If the case involves state law then the state's highest court is on "top." Usually this court is called the state supreme court, such as the California Supreme Court, but it might be called something else. Massachusetts calls its top court the Supreme Judicial Court, and New York calls its highest court the Court of Appeals. Interestingly, a supreme court in New York is an ordinary trial court.On a question purely of state law, not even the United States Supreme Court can go against the highest court of the state.
publishing a socialist newspaper
Publishing a socialist newspaper. -Apex
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One of the first times that the Supreme Court interpreted the full scope of the First Amendment was in 1925. The case was that of Gitlow v. New York.
Gitlow v. New York
The primary Constitutional issue in Gitlow v. New York was whether or not 14th Amendment rights (right to freedom of expression and of the press) applied to state disputes, too.
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