Legal Opinion

People v. . Gitlow

New York Court of Appeals

Decided July 12, 1922PublishedCited by 46 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] James Larkin, Benjamin Gitlow, C.E. Ruttenberg and Isaac E. Ferguson were indicted, tried and convicted for the crime of criminal anarchy as defined by sections 160 and 161 of the Penal Law. So far as applicable to this case the sections read as follows:

"§ 160. Criminal anarchy defined. Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive…

2Cases cited4 opinions

  1. Schenck v. United StatesSupreme Court of the United States · 1919
  2. Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
  3. People v. . MostNew York Court of Appeals · 1902
  4. State v. FoxWashington Supreme Court · 1912

3Cited by46 opinions

  1. Gitlow v. New YorkSupreme Court of the United States · 1925
  2. People v. LloydIllinois Supreme Court · 1922
  3. Thompson v. WallinNew York Court of Appeals · 1950
  4. People v. EptonNew York Court of Appeals · 1967
  5. People ex rel. Brown v. JohnstonNew York Court of Appeals · 1961

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