Supreme Court Cases- First Amd

3 terms by hkug93 

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Gitlow vs. New York (1925)

Violating the New York Criminal Anarchy Act by publishing things that advocated "mass industrial revolts"

Constitutional Issue: Whether the first amendments protections of press and speech were included or incorporated under the due process clause of the fourteenth amendment, making them applicable to the states. Was 'subversive speech' protected from gov't regulation, control, punishment?

Significance: States and congress do have a right to protect themselves, advocate=support

Schenck vs. United States (1919)

...

Dennis vs. United States (1951)

convicted for violating the Smith Act, a fed. law that made it illegal to teach or advocate the violent overthrow of the US gov't.

Constitutional Issue: Did the Smith Act unconstitutionally limit free press and speech under the first amendment? Did the act conflict with the 5th amendment's guarantee of due process of law?

Significance: was constitutional,

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