September 26, 2024

5:30 pm 

A CENTURY OF FREE SPEECH IN THE STATES: THE STORY OF GITLOW V. NEW YORK

Today, we take for granted that our First Amendment right to freedom of speech is enforceable, not only against the federal government, but against the states as well. But just one hundred years ago, this was not necessarily true. The first U.S. Supreme Court decision holding that state governments must respect freedom of speech was decided in 1925 – and the case originated right here in New York. Benjamin Gitlow was a socialist activist who authored a “Left Wing Manifesto” advocating revolution and distributed it in Manhattan. He was indicted under the New York Penal Law for “criminal anarchy,” tried, convicted, and sentenced to five years in state prison. Gitlow appealed and took his case all the way to the U.S. Supreme Court.

The Justices unanimously accepted Gitlow’s contention that New York must respect freedom of speech, but sharply disagreed on whether Gitlow’s conviction violated that right. Our Historical Trial Team program will include highlights from People v. Gitlow trial in New York Supreme Court that led to the U.S. Supreme Court’s historic decision. The trial reenactment will be followed by a panel discussion comparing the cutting-edge First Amendment issues of the 1920s with those of today. With Gitlow v. New York approaching its 100th anniversary, and all sorts of First Amendment litigation in the news every day, this program could not be more timely. We hope you will join us!

Foley & Lardner, 90 Park Avenue, New York, NY 10016

Program Materials