Ruling in Gitlow v. New York, on June 8, 1925, the majority opinion declared that "the statute is not in itself unconstitutional, and that it has not been applied in the present case in derogation of any constitutional right."
The question presented was:
"[W]hether the statute, as construed and applied in this case by the state courts, deprived the defendant of his liberty of expression in violation of the due process clause of the Fourteenth Amendment."
The Ruling
You can read the final ruling in Gitlow v. New York either in our read in full below, or click here for a PDF.
