The War On News

A record of government actions against journalism and fact-based reporting, from the first press laws to today

Incident

United States: Supreme Court upholds Benjamin Gitlow's conviction under New York's Criminal Anarchy Law, 1925

United StatesRSF 2026 rank: 64th of 180

Engraving of an empty press briefing room with a lectern and rows of chairs

The United States Supreme Court voted seven to two on June 8, 1925 to uphold the conviction of socialist publisher Benjamin Gitlow, who had been tried and sentenced to prison under New York's 1902 Criminal Anarchy Law for distributing 16,000 copies of the Left Wing Manifesto. The Court also held for the first time that the Fourteenth Amendment's due process clause extends free speech and press protections to state governments.1234

What happened

Benjamin Gitlow, a socialist leader, was tried, convicted and sentenced to imprisonment under New York's Criminal Anarchy Law of 1902 after publishing 16,000 copies of the Left Wing Manifesto in the newspaper The Revolutionary Age, which he managed as business manager. New York's courts affirmed his conviction, and Gitlow appealed to the United States Supreme Court, arguing that the state law violated his rights to free speech and a free press. On June 8, 1925, the Supreme Court voted seven to two to uphold the constitutionality of New York's Criminal Anarchy Statute and to sustain Gitlow's conviction under it. The majority held that the statute was not an arbitrary or unreasonable exercise of the state's police power and did not unwarrantably infringe the freedom of speech or of the press. At the same time, the Court held that the Fourteenth Amendment's due process clause protects free speech and free press as fundamental personal liberties against actions by state governments, extending constitutional free speech protection beyond the federal government for the first time. Fears of radical activity during the Red Scare that followed the First World War had led New York and other states to adopt such restrictions on speech and publishing.1256734

What reason was given

Stated justification

The Supreme Court found that New York's Criminal Anarchy Law, which prohibited advocating the violent overthrow of the government, was a valid exercise of the state's power to protect public order and was not an arbitrary or unreasonable restriction on speech or the press.5

What changed for reporting

Gitlow's conviction and prison sentence stood, and states gained confirmed authority to prosecute publishers for circulating writing that advocated the violent overthrow of government.1256734

Timeline

1925

8 June 1925
United States: Supreme Court upholds Benjamin Gitlow's conviction under New York's Criminal Anarchy Law, 1925

Outlets and journalists

NameKindRelation
The Revolutionary Ageoutletaffected

Sources

  1. Gitlow v. New York, 268 U.S. 652 (1925)Gitlow v. New York, 268 U.S. 652 (1925), 1925-06-08, primary. Source record
  2. Gitlow v. New York (1925), The First Amendment EncyclopediaGitlow v. New York (1925), The First Amendment Encyclopedia, 2009-01-01, reporting. Source record

Claims and evidence

Each numbered claim quotes the source it rests on.

  1. Benjamin Gitlow was tried, convicted and sentenced to imprisonment for criminal anarchy.He was separately tried, convicted, and sentenced to imprisonment.Gitlow v. New York, 268 U.S. 652 (1925), Gitlow v. New York, 268 U.S. 652 (1925), 1925-06-08.Claim 919, checked 2026-09-26.
  2. Benjamin Gitlow, a socialist leader, was convicted under New York's criminal anarchy law for publishing 16,000 copies of the Left Wing Manifesto.Benjamin Gitlow, a socialist leader, was convicted under New York’s criminal anarchy law for publishing 16,000 copies of the Left-Wing ManifestoGitlow v. New York (1925), The First Amendment Encyclopedia, Gitlow v. New York (1925), The First Amendment Encyclopedia, 2009-01-01.Claim 920, checked 2026-09-26.
  3. The Supreme Court decided the case on June 8, 1925.Decided June 8, 1925.Gitlow v. New York, 268 U.S. 652 (1925), Gitlow v. New York, 268 U.S. 652 (1925), 1925-06-08.Claim 924, checked 2026-09-26.
  4. Fears of growing socialist and union activity during the Red Scare prompted Congress and states to adopt restrictions on speech and the press.Fears of growing socialist and union activities during the red scare prompted Congress and states to adopt restrictions on speech and press.Gitlow v. New York (1925), The First Amendment Encyclopedia, Gitlow v. New York (1925), The First Amendment Encyclopedia, 2009-01-01.Claim 925, checked 2026-09-26.
  5. The Supreme Court voted seven to two to uphold the constitutionality of New York's 1902 Criminal Anarchy Statute, which prohibited advocating the violent overthrow of the government.the Supreme Court voted 7-2 to uphold the constitutionality of New York’s Criminal Anarchy Statute of 1902 , which prohibited advocating violent overthrow of the government.Gitlow v. New York (1925), The First Amendment Encyclopedia, Gitlow v. New York (1925), The First Amendment Encyclopedia, 2009-01-01.Claim 921, checked 2026-09-26.
  6. The Court held that the statute was not an arbitrary or unreasonable exercise of the state's police power and sustained its constitutionality.We cannot hold that the present statute is an arbitrary or unreasonable exercise of the police power of the State unwarrantably infringing the freedom of speech or press; and we must and do sustain its constitutionality.Gitlow v. New York, 268 U.S. 652 (1925), Gitlow v. New York, 268 U.S. 652 (1925), 1925-06-08.Claim 922, checked 2026-09-26.
  7. The Court identified free speech and press as fundamental personal liberties protected by the Fourteenth Amendment's due process clause from impairment by the states.among the fundamental personal rights and ‘liberties’ protected by the due process clause of the Fourteenth Amendment from impairment by the States.Gitlow v. New York (1925), The First Amendment Encyclopedia, Gitlow v. New York (1925), The First Amendment Encyclopedia, 2009-01-01.Claim 923, checked 2026-09-26.