Although the Supreme Court upheld the conviction of a man for writing and distributing a socialist pamphlet, it determined that the First Amendment guarantee of freedom of speech is so central to the notion of due process under the Fourteenth Amendment that it must be required of the states under the incorporation doctrine.
Justice Edward T. Sanford
Justice Edward T. Sanford, author of the landmark decision in Gitlow v. New York.
Justice Oliver Wendell Holmes dissented, arguing that Gitlow’s pamphlet was not likely to incite action and using his clear and present danger doctrine, which distinguished between speech and action. Justice Louis D. Brandeis joined Holmes’s dissent. Gitlow remained a theoretical issue until the Court struck down a state law for violating free speech rights in Stromberg v. California
Abrams v. United States
Bad tendency test
Brandenburg v. Ohio
Clear and present danger test
Incorporation doctrine
Pollak, Walter H.
Schenck v. United States
Speech and press, freedom of
Stromberg v. California
Whitney v. California