Political Science > ASSIGNMENT > POLI-330N Week 6 Assignment: Part I: How the Courts Address or Respect Our Rights as Citizens – Ou (All)

POLI-330N Week 6 Assignment: Part I: How the Courts Address or Respect Our Rights as Citizens – Outline: Roe vs Wade - Graded An A

Document Content and Description Below

Summary of the Case The US has come a long way in amending and protecting civil rights and civil liberties. The former implies legal rights which offer protection to an individual from any form ... of discrimination, such as racial discrimination, while the latter implies freedoms that are guaranteed to an individual by the Constitution, for instance, freedom of speech (Greenberg & Page, 2018). Historical cases have helped in the amendment of civil rights and civil liberties that are being enjoyed by Americans today. One of such cases is Gitlow v. New York (1925) which was associated with freedom of speech. The Gitlow v. New York case involved Benjamin Gitlow, who was a journalist, and a member of the Socialist Party of America (Ballotpedia, n.d). In July 1919, Gitlow published the ‘Left-Wing Manifesto’ and made 16,000 copies of the document which called for revolution through revolutionary mass action and strikes. He was charged and convicted of anarchy, which was against New York’s criminal anarchy law. He appealed in New York Courts of Appeal which upheld his conviction. Gitlow later appealed in the United States Supreme Court which also upheld his conviction. Case Outline 1) Title: Gitlow v. New York, 268 U.S. 652 (1925) 2) Facts of the case: ➢ The case involved Benjamin Gitlow (defendant) and New York State (plaintiff) (Ballotpedia, n.d) ➢ The case was about civil liberties (freedom of speech) ➢ Gitlow was charged and convicted of anarchy ➢ The appeals made by Gitlow were unsuccessful as his conviction was upheld by New York Courts of Appeal and the US Supreme Court 3) History of the case: ➢ The case started after Gitlow published the Left Wing Manifesto ➢ The case was in line with other similar cases that took place after WW1 which were against leftists after the Red Scare ➢ On February 11, 1920, Gitlow received a sentence of up to ten years in prison ➢ Gitlow’s conviction was based on New York’s anarchy law which was passed in 1902 (LexixNexis, n.d) ➢ Gitlow appealed the case in New York Courts of Appeal and the US Supreme Court, both of which upheld his conviction 4) Legal questions: ➢ “Are the First Amendment's protections of freedom of expression and freedom of the press essential liberties such that denial of these by a state government constitutes a denial of due process prohibited under the Fourteenth Amendment (Ballotpedia, n.d)?” ➢ “As applied and construed, did a New York statute prohibiting criminal anarchy unconstitutionally restrict Gitlow's freedom of expression and of the press in violation of the First Amendment (Ballotpedia, n.d)?" 5) Decision or holdings: ➢ New York Courts of Appeal ruled in favor of the plaintiff ➢ The US Supreme Court also decided for the plaintiff as the defendant’s conviction was withheld ➢ The conviction was withheld on the basis that the government can suppress speech that directly incites unlawful removal of a government (Ballotpedia, n.d) 6) Verdict and opinion: ➢ There were seven judges who decided against the defendant and two judges who decided for the defendant (LexixNexis, n.d) ➢ The concurring opinion was that Gitlow had failed the bad tendency test and the language used by the defendant was direct incitement that was capable of unlawfully overthrowing a government ➢ The dissenting opinion was that there was no clear and present danger to overthrow the government ➢ Despite upholding Gitlow’s conviction, the US Supreme Court ruled that freedom of speech as well as that of the press is protected by the First Amendment and they are fundamental personal rights and liberties that should be protected by the Due Process Clause of Amendment XIV The Gitlow v. New York was a landmark case in the US as it was the beginning of the incorporation doctrine era thus enabling not only people from the New York State to benefit but also across the entire country as new limits were put on States and freedom of speech and press was considered a fundamental human right and liberty that should be protected under the Due Process Clause of the 14th Amendment. References Ballotpedia. (n.d). Gitlow v. New York. https://ballotpedia.org/Gitlow_v._New_York Greenberg, E. S & Page, B. I. (2018). The Struggle for Democracy, 2018 Elections and Updates Edition. (12th ed.). Pearson. LexixNexis. (n.d). Gitlow v. New York - 268 U.S. 652, 45 S. Ct. 625 (1925). https://www.lexisnexis.com/community/casebrief/p/casebrief-gitlow-v-new-york [Show More]

Last updated: 10 months ago

Preview 1 out of 5 pages

Also available in bundle (1)

POLI 330N Package Deal - Political Science

POLI 330N Week 1 Assignment: State of Powers: State if Illinois and The United States Bill of Rights POLI-330N Week 1 Assignment: State of Powers: Texas Constitution vs. The United States Bill of Rig...

By Doc.Mukai Edyth 9 months ago

$20

18  

Reviews( 0 )

Recommended For You

 *NURSING> ASSIGNMENT > NR 630 Week 4 Assignment- Graded An A+ (All)

preview
NR 630 Week 4 Assignment- Graded An A+

NR 630 Week 4 Assignment- Graded An A+ Chamberlain College of Nursing Week 4 Assignment Linda Watson accepted a position as the assistant administrator at St. Joseph Hospital. She is new t...

By Doc.Mukai Edyth , Uploaded: Apr 04, 2023

$10

 *NURSING> ASSIGNMENT > NR 509 – WHEN PERFORMING A PHYSICAL ASSESSMENT – GRADED AN A+ (All)

preview
NR 509 – WHEN PERFORMING A PHYSICAL ASSESSMENT – GRADED AN A+

NR 509 – WHEN PERFORMING A PHYSICAL ASSESSMENT – GRADED AN A+ When performing a physical assessment, the first technique the nurse will always use B. Inspection The nurse is preparing to perf...

By Doc.Mukai Edyth , Uploaded: Feb 01, 2024

$8

 *NURSING> ASSIGNMENT > NR 509 WEEK 3 ASSIGNMENT – GRADED AN A+ (All)

preview
NR 509 WEEK 3 ASSIGNMENT – GRADED AN A+

NR 509 WEEK 3 ASSIGNMENT – GRADED AN A+ Patient Information: SJS 33, F, African American, Cigna S. CC: “pounding headache” HPI: Onset: 2 days ago Location: forehead Duration: con...

By Doc.Mukai Edyth , Uploaded: Feb 29, 2024

$10

 Philosophy> ASSIGNMENT > PHIL-447N Week 2 Discussion Question 1 – Premises and Conclusions - Graded An A (All)

preview
PHIL-447N Week 2 Discussion Question 1 – Premises and Conclusions - Graded An A

Let's spend some time sorting out the premises and conclusions in some examples. Choose one of the statements below. Your task is to identify the premise(s) and the conclusion(s) of your example an...

By Doc.Mukai Edyth , Uploaded: May 04, 2023

$11

 General Science> ASSIGNMENT > SCI-228 Week 7 Lab Assignment:Toddler – Graded An A+ (All)

preview
SCI-228 Week 7 Lab Assignment:Toddler – Graded An A+

SCI-228 Week 7 Lab Assignment:Toddler – Graded An A+ For this week’s nutrition topic of the different stages and lifecycles I chose a subject that hits close to home du...

By Doc.Mukai Edyth , Uploaded: Mar 21, 2024

$10

 Political Science> ASSIGNMENT > POLI 330N Week 5 Assignment: Representation in Congress - Assignment Graded An A (All)

preview
POLI 330N Week 5 Assignment: Representation in Congress - Assignment Graded An A

After extensive research on the proportion of women, African-Americans, Native Americans, Hispanic Americans, Asian Americans, and openly gay or lesbian members of Congress, I was not surprised by wha...

By Doc.Mukai Edyth , Uploaded: May 24, 2023

$8

 Social Sciences> ASSIGNMENT > SOCS 315 Week 1 Homework Assignment: Chapter 1 & 2 - Graded An A+ (All)

preview
SOCS 315 Week 1 Homework Assignment: Chapter 1 & 2 - Graded An A+

SOCS 315 Week 1 Homework Assignment: Chapter 1 & 2 What are the dimensions of cultural diversity? Identify and briefly explain the dimensions by referencing the text....

By Doc.Mukai Edyth , Uploaded: Jul 23, 2023

$8

 Project Management> ASSIGNMENT > PROJ 420 Week 2 Course Project Assignment: Project Sizing and Stakeholder Analysis - Paper Graded An A (All)

preview
PROJ 420 Week 2 Course Project Assignment: Project Sizing and Stakeholder Analysis - Paper Graded An A

Stakeholder Area of Interest Attitude (+/-) Power (+/-) Interest (+/-) Stakeholder Type Hospital staff advantage high low high Primary Engineering team advantage high low high...

By Doc.Mukai Edyth , Uploaded: May 31, 2023

$8

 Sociology> ASSIGNMENT > SOCS 350N Week 1 Assignment: Essay – Catapult to Success - Graded An A (All)

preview
SOCS 350N Week 1 Assignment: Essay – Catapult to Success - Graded An A

SOCS 350N Week 1 Assignment: Essay – Catapult to Success This study source was downloaded by 100000879074711 from CourseHero.com on 01-...

By Doc.Mukai Edyth , Uploaded: Jan 23, 2024

$11

 Data Networks> ASSIGNMENT > SEC 572 iLab Assignment 3 of 6: MD5 and SHA-1 - Graded An A+ (All)

preview
SEC 572 iLab Assignment 3 of 6: MD5 and SHA-1 - Graded An A+

SEC 572 iLab Assignment 3 of 6: MD5 and SHA-1 Best Use of MD5: The first piece us understanding what MD5 (Message Digest Algorithm 5) is, MD5 is a one-way algorithm that is crea...

By Doc.Mukai Edyth , Uploaded: Jul 23, 2023

$8

$10.00

Add to cart

Instant download

Can't find what you want? Try our AI powered Search

OR

GET ASSIGNMENT HELP
75
0

Document information


Connected school, study & course



About the document


Uploaded On

May 24, 2023

Number of pages

5

Written in

Seller


seller-icon
Doc.Mukai Edyth

Member since 1 year

0 Documents Sold


Additional information

This document has been written for:

Uploaded

May 24, 2023

Downloads

 0

Views

 75

Document Keyword Tags

THE BEST STUDY GUIDES

Avoid resits and achieve higher grades with the best study guides, textbook notes, and class notes written by your fellow students

custom preview

Avoid examination resits

Your fellow students know the appropriate material to use to deliver high quality content. With this great service and assistance from fellow students, you can become well prepared and avoid having to resits exams.

custom preview

Get the best grades

Your fellow student knows the best materials to research on and use. This guarantee you the best grades in your examination. Your fellow students use high quality materials, textbooks and notes to ensure high quality

custom preview

Earn from your notes

Get paid by selling your notes and study materials to other students. Earn alot of cash and help other students in study by providing them with appropriate and high quality study materials.


$10.00

WHAT STUDENTS SAY ABOUT US


What is Browsegrades

In Browsegrades, a student can earn by offering help to other student. Students can help other students with materials by upploading their notes and earn money.

We are here to help

We're available through e-mail, Twitter, Facebook, and live chat.
 FAQ
 Questions? Leave a message!

Follow us on
 Twitter

Copyright © Browsegrades · High quality services·