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Speech & Press

Gitlow v. New York

Decided: 1925

In brief

Held that the First Amendment's free speech protections apply to the states via the 14th Amendment.

The Court's ruling in depth

While upholding Benjamin Gitlow's conviction under a state criminal-anarchy law, the Court declared 'for present purposes we may and do assume that freedom of speech and of the press ... are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States.' Gitlow began the doctrine of incorporation, which over the twentieth century applied most of the Bill of Rights against the states.

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