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Topic: Benjamin Gitlow


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In the News (Thu 16 Feb 12)

  
  J559 Readings: Gitlow v. People of New York
Citations for the state appellate court decisions in the Gitlow case with notation that the highest state court decision was affirmed by the U.S. Supreme Court.
Gitlow is appealing his criminal conviction and the state appeals courts' affirmance of that conviction.
Court explains that Gitlow was charged with two counts--that is, he was accused of violating the law in two discrete ways, each of which could have stood alone.
www.journalism.wisc.edu /~drechsel/j559/readings/gitlow.html   (3608 words)

  
 gitlow   (Site not responding. Last check: 2007-10-09)
Gitlow argued that the publications were not intended to incite unlawful uprising but rather to engage in an educational and philosophical discussion of Socialist and Communist government and prohibiting him from doing so is a violation of his Fourteenth Amendment rights.
Gitlow was convicted not on the mere statement of unlawful overthrow of government, but the teaching and advocacy of such and uprising.
The Court is not saying Gitlow may not have these views of overthrow of the government, but he may only go about it in a legal, legislative way- not by violence or usurpation.
academics.smcvt.edu /dlynch/gitlow.htm   (302 words)

  
 PH@school: Supreme Court Cases
Benjamin Gitlow was a member of the left wing faction of the American Socialist party, a faction formed in opposition to that party's advocacy of moderate socialism in the United States, rather than revolution.
Gitlow signed a card in support of circulating the manifesto among membership of the American Socialist party's left wing, and traveled to different parts of New York to publicly advocate the manifesto and its principles.
For Gitlow: Gitlow's attorneys argued that New York could not show that any harm had occurred from his exercise of freedom of speech and press, and that the Constitution protected his speech unless it presented a "clear and present danger" to society.
www.phschool.com /atschool/supreme_court_cases/gitlow.html   (947 words)

  
 Commentary Magazine - The Whole of Their Lives, by Benjamin Gitlow   (Site not responding. Last check: 2007-10-09)
...Those who doubt Gitlow will hardly have their smugness dented by his hammer-blows while those of us who know too well the truth of his testi- mony can only be saddened by his ineptness in its presentation...
...Gitlow's reality is still that of the harangue at the eleventh hour, when tempers are stretched tight and the softer tones of humor and logic are drowned out...
...That was a long time ago, long enough for Gitlow (and myself) to have become disenchanted with revolutionary politics, and for Gitlow to have written two bitter and denunciatory books exposing the inner workings and machinations of that Communist party around which so much of his life had centered...
www.commentarymagazine.com /Summaries/V6I6P107-1.htm   (1024 words)

  
 Danger   (Site not responding. Last check: 2007-10-09)
Gitlow was charged not with inciting to illegal conduct, but rather with teaching an illegal doctrine.
Gitlow was a member of the Left Wing Section of the Socialist Party.
After conviction, the Supreme Court accepted Gitlow's challenge to the statute on the grounds that the statute deprived the defendant of his liberty of expression in violation of the due process clause of the Fourteenth Amendment.
www.rnoon.com /lawlaymen/constitulaw/speech/danger.html   (2142 words)

  
 gitlow
People, 268 U.S. Benjamin Gitlow had been a prominent member of the Socialist party during the 1920s.
He was arrested and convicted for violating the New York Criminal Anarchy Law of 1902, which made it a crime to attempt to foster the violent overthrow of government.
Gitlow's publication and circulation of sixteen thousand copies of the Left-Wing Manifesto violated this Criminal Anarchy Act.
chnm.gmu.edu /courses/122/freespeech/gitlow.html   (568 words)

  
 TIME Magazine Archive Article -- Party Life -- Jan. 22, 1940   (Site not responding. Last check: 2007-10-09)
As for his own role in the Party, Author Gitlow confesses he was no better than the next one —though naturally he credits himself with better brains, if not better morals, than most of his comrades.
The U. Communists of Gitlow's memoirs are in dead earnest about the "proletarian revolution"; their activities frequently have serious consequences for their followers and U. labor.
Gitlow tells how the Communists raised Party funds through defense campaigns for Sacco and Vanzetti, the Scottsboro boys, starving British miners; how they hushed up the fiasco of the $250,000 "gold bonds" which were sold to finish building a $3,000,000 co-operative apartment house in The Bronx.
time-proxy.yaga.com /time/archive/preview/0,10987,763414,00.html   (983 words)

  
 The Nation, 03/23/1940 - Mr. Gitlow Regrets by Bendiner, Robert
...All that in-fighting left Gitlow a mass of scars, and it is hard to determine in his book where fact ends and Gitlow grudge begins...
...Gitlow argues, and I believe he makes a good case, that factionalism originates in quasi-dictatorship and ends in full-fledged dictatorship...
...But as Gitlow acutely points out, the two had nothing in common: the factionalism of the Communist Party, far from being a guaranty of democracy, was the catalyst that hurried the change from autocratic influence to totalitarian control...
www.nationarchive.com /Summaries/v150i0012_14.htm   (929 words)

  
 Benjamin Gilman Scholarship   (Site not responding. Last check: 2007-10-09)
In the Old Testament, Benjamin(בנימין "Son of my right hand" but in some Rabbinical traditions "Son of the south", Standard Hebrew Binyamin, TiberianHebrew Binyāmîn) is the younger son of Jacob and Rachel (Gen. 35:18).
His mother died in giving him birth, and with her last breathnamed him Ben-oni, "son of my pain", an ill-omened name which was changed by his father into Benjamin.
Note: The term "scholarship" can mean either the methods employed by scholars (see scholarly method) or an award of access to an institution and/or money for an individual for the purposesof furthering their education.
www.daikaiju.com /edge/17270-benjamin%20gilman%20scholarship.html   (520 words)

  
 The Supreme Court Historical Society
Benjamin N. Cardozo succeeded him, and often voted with Brandeis and Stone.
In 1925, while the Court was deciding the Benjamin Gitlow case, Minnesota legislators were passing a new statute.
Citing the Schenck and Gitlow decisions, Near’s lawyer appealed to the Supreme Court, which struck down the state law in 1931.
www.supremecourthistory.org /02_history/subs_history/02_c11.html   (2255 words)

  
 Early First Amendment Issues
Until 1925, that is, and the case of Gitlow v.
In this case, Benjamin Gitlow, et al, were found guilty of violating New York state's version of a law outlawing advocacy of anarchy and violent overthrow of the government.
The importance of this case is in dicta of the majority opinion of Justice Sanford in which he stated that the Fourteenth Amendment was an instrument that allowed the First Amendment to be applied to state statutes.
www.emunix.emich.edu /~jcooper/emlaw/unit1_amend.html   (1079 words)

  
 Gitlow v. New York
The case arose shortly after the Communist Revolution in Russia and in the wake of the "Red Scare" that gripped the United States.
Benjamin Gitlow was convicted in New York for having published and circulated, unlawfully, pamphlets and leaflets detrimental to the government.
Gitlow's attorney, Clarence Darrow, argued that the statute under which Gitlow was arrested violated the First Amendment's guarantee of freedom of expression.
www.wku.edu /Government/vgitlow.htm   (1373 words)

  
 America Responds to Terrorism -- Constitutional Rights Foundation
Benjamin Gitlow was a leader of the American Communist Party.
DEBATE RESOLUTION: Benjamin Gitlow's "Left Wing Manifesto" was a "clear and present danger" to the laws of the United States.
An immigrant from Russia, Jacob Abrams was accused of printing and distributing leaflets that insulted the United States and interfered with the nation's war effort against Germany.
www.crf-usa.org /terror/clear_present.htm   (1619 words)

  
 Barnard College Archives   (Site not responding. Last check: 2007-10-09)
Benjamin Gitlow, himself a prominent American Communist, wrote in his 1948 book The Whole of Their Lives that Poyntz was a delegate to several consecutive American Communist Party conventions starting in 1926, and was a member of the Party’s Central Executive Committee, besides being on New York’s District Executive Committee.
Benjamin Gitlow maintains that Poyntz was assigned “to gather scientific information in the United States in the fields of chemistry and physics.” She went to Moscow in 1936, in order to receive further instructions from the Soviet authorities.
However, Gitlow’s description of the abduction and murder, like the rest of his book, The Whole of Their Lives (1948), is saturated with flowery and overly dramatic details which make it seem less than perfectly credible.
www.barnard.edu /archives/persons.html   (14772 words)

  
 The Radio Act of 1927 as a Product of Progressivism
Gitlow had helped distribute 16,000 copies of the paper, "The Revolutionary Age." It called for a communist revolution based on revolutionary socialism, but no evidence was presented indicating distribution resulted in any action.
Benjamin's dissertation on free speech in the Radio Act considered the issues of censorship, creation of a regulatory agency, monopoly, and the right of broadcasters to use the medium.
As Benjamin would later argue, these conflicts were resolved by Secretary of Commerce Herbert Hoover and the radio industry during the 1920s radio conferences conducted by him prior to passage of the Radio Act.
www.scripps.ohiou.edu /mediahistory/mhmjour2-2.htm   (7029 words)

  
 Gitlow v   (Site not responding. Last check: 2007-10-09)
Benjamin Gitlow, a member of the Workers Communist Party USA, published and distributed 16,000 copies of a "Left Wing Manifesto" that advocated the establishment of socialism by strikes and revolutionary activities.
Gitlow was charged with violating a New York state law that prohibits criminal anarchy.
Gitlow's potential danger justified New York's criminal anarchy law.
www.comm.unt.edu /faculty/gitlow_v.htm   (95 words)

  
 Archive | October 9, 2000 | The needless US Pacific War with Japan -- Courtesy of Stalin and FDR
True or untrue, at the times they each have met, it has often sadly been in the cauldron of warfare, and at least in the case of the United States, has consequently been expensive and largely fruitless.
Since the 1920s, the Soviets planned and hoped for a USA-Japan war because they believed such a conflict (one that they knew the USA would likely win) would help create a large Asian power vacuum which could then be quickly filled by Communism.
Benjamin Gitlow was a founding and prominent member of the US Communist Party but was permanently expelled from the organization in 1933 for daring to openly criticize the crimes of Josef Stalin.
www.enterstageright.com /archive/articles/1000pacificwar.htm   (1824 words)

  
 The New York Times
Epton's case because it was a state matter, the next year it used Justice Oliver Wendell Holmes's famous phrase from the previous time the New York anarchy law had made it to the Supreme Court.
In that case, Benjamin Gitlow was convicted for publishing a Communist manifesto; the Supreme Court upheld the verdict in 1919.
But Holmes's dissent, saying that to be considered criminal, speech must present "a clear and present danger," became the implicit law of the land.
www.fredonia.edu /department/communication/schwalbe/epton.htm   (781 words)

  
 BRIA 7:4 The 14th Amendment, Equal Protection Clause, Stalin Purges, Due Process, fair trial, self-incrimination
Benjamin Gitlow was a Socialist Party member who had been convicted of writing several revolutionary pamphlets in violation of New York's Criminal Anarchy Act.
While upholding Gitlow's conviction, the Supreme Court ruled for the first time that the First Amendment freedoms of speech and 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 v.
In a case involving the Fifth Amendment protection against double jeopardy (being tried twice for the same crime), Justice Benjamin Cardozo explained that only "fundamental rights" need be "incorporated" into the 14th Amendment.
www.crf-usa.org /bria/bria7_4.htm   (5917 words)

  
 Gitlow v People of New York
JUSTICE SANFORD delivered the opinion of the Court.
Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy.
He was separately tried, convicted, and sentenced to imprisonment.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/gitlow.html   (1904 words)

  
 Benjamin Gate   (Site not responding. Last check: 2007-10-09)
Gates may prevent entry, or they may be merely decorative.
For measuring the complexity of logic circuits such as ASICs, the amount of logic they contain is compared to a number of 2-input nand or nor gates.
Related : Benjamin Gate Lyrics, Benjamin Gillman, Benjamin Gilman, Benjamin Gilman Scholarship, Benjamin Ginsberg, Benjamin Girard, Benjamin Gitlow, Benjamin Godard, Benjamin Graham, Benjamin Grierson, Benjamin Grimm, Benjamin Group, Benjamin Guggenheim, Benjamin H Freedman, Benjamin Hammett, Benjamin Harris, Benjamin Harrison, Benjamin Hawkins, Benjamin Henry Latrobe, Benjamin Hochman
www.daikaiju.com /edge/17266-benjamin%20gate.html   (623 words)

  
 The Supreme Court Historical Society
"Any agitator who read these thirty-four pages to a mob would not stir them to violence, except possibly against himself," decided one reader of Benjamin Gitlow’s "Left Wing Manifesto." But when that pamphlet appeared in 1919, New York authorities arrested Gitlow under the state’s criminal anarchy law.
But they assumed–for the first time–that freedom of speech and of the press, which the First Amendment protects from any Act of Congress, are among the rights which the Fourteenth Amendment forbids any state to abridge.
Gitlow served three years in Sing Sing prison.
www.supremecourthistory.org /02_history/subs_history/02_c10.html   (1276 words)

  
 Socialist Party of America - Wikipedia, the free encyclopedia
However, the language federations, eventually joined by Charles Ruthenberg and Louis Fraina broke away from that effort and formed their own party, the Communist Party of America, at a separate convention in Chicago on September 2, 1919.
Meanwhile plans led by John Reed and Benjamin Gitlow to crash the Socialist Party convention went ahead.
Tipped off, the incumbents called the police, who obligingly expelled the leftists from the hall.
www.wikipedia.org /wiki/Socialist_Party_of_America   (1301 words)

  
 TIME Magazine Archive Article -- Gitlow Lost & Found -- Oct. 22, 1928
Missing—between San Diego, Calif., and Phoenix, Ariz.—one Nominee for Vice President of the U. His name was Benjamin Gitlow.
He was a Communist—six feet high, a 200-pounder with fl hair, swart skin, bright fl eyes, long fingers, very large feet, round shoulders.
Then up turned Nominee Gitlow in Houston, Tex. He had not been kidnapped, he said.
www.time.com /time/archive/preview/0,10987,732021,00.html   (375 words)

  
 The Development of the Clear and Present Danger Test for Subversive Advocacy
Holmes and Brandeis dissent again in Gitlow v New York, a case involving the publication of "Left Wing Manifesto," a paper urging general strikes and critical of moderates who would seek changes only through the ballot box.
The Court upholds Gitlow's conviction, but significantly the Court agrees with Gitlow's position that states (as well as the federal government) are bound to comply with the commands of the First Amendment, as the protections have been "incorporated" through the due process clause of the Fourteenth Amendment.
In a 1908 case (Patterson v Colorado), Justice Holmes articulated the view that the First Amendment was concerned only with preventing prior restraints, not subsequent punishment for speech.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/clear&pdanger.htm   (820 words)

  
 Georgetown PolSci
- Facts: Benjamin Gitlow was convicted in the Supreme Court of New York for having published and circulated, unlawfully, pamphlets and leaflets detrimental to the government.
These advocated overthrowing organized government by violent and other unlawful means.
Gitlow appealed the case through the Appellate Division and Court of Appeals of the New York system.
tamarap25.tripod.com /essays/id4.html   (5917 words)

  
 Communism at Pearl Harbor by Anthony Kubek
With reference to the Communist drive to involve the United States and Japan in a war, the followingremarks by Benjamin Gitlow, a devoted Communist before breaking with the Party, are pertinent:
As far back as 1927 when I was in Moscow, the attitude toward the United States in the event of war was discussed.
Benjamin Gitlow, I Confess (New York: E P. Dutton, Inc., 1940), pp.
www.rooseveltmyth.com /docs/Communism_at_Pearl_Harbor.html   (7282 words)

  
 As It Should Be
Benjamin Gitlow was a socialist, and he was convicted of criminal anarchy under a New York law that made it a crime to print or publish anything that advocates, “organized government should be overthrown by force.”
deprive any person of life, liberty, or property, without due process of law.” That means New York couldn’t deprive Gitlow of his First Amendment rights to freedom of speech and the press.
Then, in 1940, the court ruled, “the First Amendment declares that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
www.misterthorne.org /ESSAYS/as_it_should_be.htm   (1196 words)

  
 Kernwatch
Actually, I exposed his following Parlato’s lead in selling a FHA-Scam house as Realtor and BMHA Commissioner, while refusing to enforce residency (until he was fired, with my help).
DA Joe Kilbridge (who has $50,000 of bad debts and is losing his 1195 Elmwood house in foreclosure), is charging me with being a “public enemy” using the 1923 Benjamin Gitlow case.
No matter that Gitlow is a hero of ACLU and all Free Speech advocates..
www.kernwatch.com /cityhallwatch18.html   (1337 words)

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