Legal Definitions - Gitlow v. New York (1925)

Gitlow v. New York is a landmark case in the United States Supreme Court. The case established that the First Amendment right to free speech applied to state laws under the Fourteenth Amendment. This means that the government cannot restrict your freedom of speech just because you live in a certain state.

However, the Supreme Court also ruled that the freedom of speech is not an absolute right. The government can impose reasonable restrictions on your freedom of speech if it believes that such restrictions are necessary for public safety and welfare. For example, the government can restrict speech that incites violence or hate speech that targets a specific group of people.

It is important to note that these restrictions cannot be unreasonable or arbitrary. The government cannot restrict your freedom of speech just because it disagrees with your opinion or because it wants to silence you.

For example, if someone were to give a speech that encourages people to commit acts of violence, the government could restrict that speech because it poses a threat to public safety. However, if someone were to give a speech expressing their political beliefs, the government cannot restrict that speech just because it disagrees with those beliefs.