๐ Topic Summary: Gitlow v. New York and the Incorporation Doctrine
The landmark Supreme Court case Gitlow v. New York (1925) is a cornerstone in understanding how individual liberties are protected against state government actions in the United States. Before Gitlow, the Bill of Rights was generally understood to apply only to the federal government. However, Benjamin Gitlow, a socialist, was convicted under New York's Criminal Anarchy Law for publishing a "Left-Wing Manifesto." His appeal led the Supreme Court to consider whether the First Amendment's protection of speech applied to the states.
In its ruling, the Court upheld Gitlow's conviction but, significantly, stated that the Fourteenth Amendment's Due Process Clause "incorporated" (or applied) the First Amendment's freedom of speech and press to the states. This decision marked the beginning of the Incorporation Doctrine, specifically "selective incorporation," where the Supreme Court would gradually apply most of the Bill of Rights to the states on a case-by-case basis. Gitlow v. New York thus fundamentally reshaped the balance of power, ensuring that states could not infringe upon certain fundamental rights deemed essential to liberty.
๐ง Part A: Vocabulary Match
Match the term on the left with its correct definition on the right. Write the letter of the definition next to the term.
- ๐ Gitlow v. New York (1925):
a) The constitutional amendment containing the Due Process Clause, used to apply the Bill of Rights to the states. - โ๏ธ Incorporation Doctrine:
b) The process by which the Supreme Court has applied most of the Bill of Rights to the states via the Fourteenth Amendment. - ๐๏ธ Fourteenth Amendment:
c) A fundamental First Amendment right central to the Gitlow case. - ๐ก๏ธ Due Process Clause:
d) A landmark Supreme Court case that began the process of applying the Bill of Rights to the states. - ๐ฃ๏ธ Freedom of Speech:
e) A legal requirement that the state must respect all legal rights owed to a person, often found in the Fifth and Fourteenth Amendments.
(For students: Match the definitions. For teachers: The correct matches are: Gitlow v. New York - d; Incorporation Doctrine - b; Fourteenth Amendment - a; Due Process Clause - e; Freedom of Speech - c)
โ๏ธ Part B: Fill in the Blanks
Complete the following paragraph using the words provided below. Each word will be used once.
(Words: states, Gitlow, selective, Due Process Clause, freedom of speech, Fourteenth Amendment, Bill of Rights)
The Supreme Court case of _________ v. New York (1925) was pivotal in establishing the principle that the _________ could not infringe upon certain fundamental liberties. The Court ruled that the _________ of the _________ applied to the _________ through the _________ of the _________. This marked the beginning of _________ incorporation, a process that gradually extended protections from the _________ to actions by state governments.
(For students: Fill in the blanks. For teachers: The correct words are: Gitlow, states, freedom of speech, Fourteenth Amendment, Due Process Clause, selective, Bill of Rights)
๐ค Part C: Critical Thinking
- ๐ How did Gitlow v. New York fundamentally change the relationship between state and federal power regarding individual liberties, and what was the long-term impact of this shift on American civil rights?