People v. Gitlow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin Gitlow, from a judgment of the Supreme Court, rendered on the 5th day of February, 1920, convicting him of the crime of criminal anarchy, and also from orders denying defendant’s motions to set- aside the verdict and in arrest of judgment.
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Appeal by the defendant, Benjamin Gitlow, from a judgment of the Supreme Court, rendered on the 5th day of February, 1920, convicting him of the crime of criminal anarchy, and also from orders denying defendant’s motions to set- aside the verdict and in arrest of judgment. The appellant and three others were jointly indicted on three counts on the 26th day of November, 1919, by a grand jury, duly impaneled at an Extraordinary Trial Term of the Supreme Court duly convened by the Governor. The first count charges that on the 5th day of July, 1919, defendants feloniously advocated, advised and…
1Opinion of the Court
Laughlin, J.:
The manifesto condemns the Socialist party and moderate Socialism for confining their advocacy of the overthrow of government to constitutional amendments brought about by the exercise of the elective franchise, and it repudiates that method as wholly inadequate to accomplish the purposes of the Left Wing and asserts that they can only be accomplished by a revolution brought about by a mass strike of the proletariat. It does not definitely define who constitute the proletariat but it evidently means those of the working classes who have no property, for it states, in effect, that…
2Cases cited32 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Abrams v. United StatesSupreme Court of the United States · 1919
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
- Robertson v. BaldwinSupreme Court of the United States · 1897
- United States v. MosleySupreme Court of the United States · 1915
27 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gitlow v. New YorkSupreme Court of the United States · 1925
- People v. LloydIllinois Supreme Court · 1922
- In re CassidyAppellate Division of the Supreme Court of the State of New York · 1944
- People v. RuthenbergMichigan Supreme Court · 1924
- People v. WagnerCalifornia Court of Appeal · 1924
6 more not listed; retrieve them via the Exa API.