Sunday, April 24, 2011

Gitlow v. New York

Benjamin Gitlow was convicted for violating the 1902 New York Criminal Anarchy Act. The act defined criminal anarchy as "the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive heard or any of the executive officials of government, or by any unlawful means." Gitlow had been charged with teaching the necessity and duty to overthrow the government in two publications based largely on Marx's and Engels' Communist Manifesto. In a seven to two vote, they upheld Gitlow's conviction.

I think it was a good decision because they need to maintain order as the government. Also what Gitlow was talking about may have ruined the government. I think if someone is trying to overthrow the government publicly, then it shouldn't be allowed. A lot of people will just go with the flow because they want something to follow. People are very impressionable so it isn't in the governments best interest to let people hear these types of things.

Gitlow's publication and circulation of sixteen thousand copies of the Left-Wing Manifesto violated this Criminal Anarchy Act. The pamphlet went on to advocate the creation of a socialist system through the use of massive strikes and "class action...in any form."

Criminal anarchy; "the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive heard or any of the executive officials of government, or by any unlawful means." It is good that the government doesn't allow people to try and overthrow the government because without a government it wouldn't be as good as a society.

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