Ruling in Gitlow v. New York, on June 8, 1925, the majority opinion declared that “the statute is not in itself unconstitutional, and that it has not been applied in the present case in derogation of any constitutional right.”
The question presented was:
“[W]hether the statute, as construed and applied in this case by the state courts, deprived the defendant of his liberty of expression in violation of the due process clause of the Fourteenth Amendment.”
The opinion
Read the full rulingPDF · 715.68 KBPublished by the Library of Congress.
Oral argument
No recording. The Court did not begin taping oral argument until 1955.
