Case Citator › Gitlow v. New York

Gitlow v. New York

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
268 U.S. 652
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
1969
Abrogated
A reviewed court treats this case as abrogated by later authority. Gitlow v. New York's approval of punishing revolutionary advocacy without imminent incitement has been abrogated. Brandenburg v. Ohio requires advocacy to be directed to and likely to produce imminent lawless action before a state may punish it.
More on how this was screened

Gitlow's recognition that freedom of speech applies to the states through the Fourteenth Amendment remains accepted. All 29 flagged citations have been read; the confirmed change in the speech rule is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite Gitlow v. New York; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Gitlow v. New York?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court displaced Gitlow's approval of criminal punishment for advocacy of force without imminent incitement.

    Brandenburg v. Ohio · Supreme Court of the United States · filed

    These later decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Gitlow v. New York and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace