gitlow people state new york argued november decided june walter pollak walter nelles new york city plaintiff error john caldwell myers new york city wetherbee claude dawes albany people state new york justice sanford delivered opinion benjamin gitlow indicted new york three others statutory crime criminal anarchy new york penal law separately tried convicted sentenced imprisonment judgment affirmed appellate division appeals people gitlow app div case writ error record remitted contention statute terms applied case repugnant due process clause fourteenth amendment material provisions criminal anarchy defined criminal anarchy doctrine organized government overthrown force violence assessination executive head executive officials government unlawful means advocacy doctrine either word mouth writing felony advocacy criminal anarchy person word mouth writing advocates advises teaches duty necessity propriety overthrowing overturning organized government force violence assassination executive head executive officials government unlawful means prints publishes edits issues knowingly circulates sells distributes publicly displays book paper document written printed matter form containing advocating advising teaching doctrine organized government overthrown force violence unlawful means guilty felony punishable imprisonment fine indictment two counts first charged defendant advocated advised taught duty necessity propriety overthrowing overturning organized government force violence unlawful means certain writings therein set forth entitled left wing manifesto second printed published knowingly circulated distributed certain paper called revolutionary age containing writings set forth first count advocating advising teaching doctrine organized government overthrown force violence unlawful means following facts established trial undisputed evidence admissions defendant member left wing section socialist party dissenting branch faction party formed opposition dominant policy socialism membership open aliens well citizens left wing section organized nationally conference new york city june attended ninety delegates twenty different conference elected national council defendant member left adoption published revolutionary age official organ left wing defendant board managers paper business manager arranged printing paper took printer manuscript first issue contained left wing manifesto also communist program program left wing adopted conference sixteen thousand copies printed delivered premises new york city used office revolutionary age head quarters left wing occupied defendant officials copies paid defendant business manager paper employees office wrapped mailed copies paper defendant direction copies sold office admitted defendant signed card subscribing manifesto program left wing applicants required sign admitted membership went different parts state speak branches socialist party principles left wing advocated adoption responsible manifesto appeared knew publication general way knew publication afterwards responsible circulation evidence effect resulting publication circulation manifesto witnesses offered behalf defendant extracts manifesto set forth margin coupled review rise socialism condemned dominant socialism recognition necessity democratic parliamentary state repudiated policy introducing socialism legislative measures advocated plain unequivocal language necessity accomplishing revolution militant socialism based class struggle mobilizing proletariat action mass industrial revolts developing mass political strikes mass action purpose conquering destroying parliamentary state establishing place dictatorship proletariat system communist socialism recent strikes seattle cited instances development already verging revolutionary action suggestive proletarian dictatorship usurp functions municipal government revolutionary socialism urged must use mass industrial revolts broaden strike make general militant develop mass political strikes revolutionary mass action annihilation parliamentary state outset trial defendant counsel objected introduction evidence indictment grounds matter law manifesto contravention statute statute contravention due process clause fourteenth amendment objection denied also moved close evidence dismiss indictment direct acquittal grounds stated first objection evidence grounds indictment charge offense evidence show offense motions also denied among things charged jury substance must determine intent purpose fair meaning manifesto words must taken ordinary meaning understood people might reach mere statement analysis social economic facts historical incidents nature essay accompanied prophecy future course events teaching advice advocacy action constitute advocacy advice teaching doctrine overthrow government within meaning statute mere statement unlawful acts might accomplish purpose insufficient unless teaching advising advocacy employing unlawful acts purpose overthrowing government jury reasonable doubt manifesto teach advocate advise duty necessity propriety using unlawful means overthrowing organized government defendant entitled acquittal defendant counsel submitted two requests charge embodied substance statement constitute criminal anarchy within meaning statute necessary language used published advocate teach advise duty necessity propriety definite immediate act acts force violence unlawfulness directed toward overthrowing organized government denied charged two requests charge embodied substance statement constitute guilt language used published must ordinarily calculated incite certain persons acts force violence unlawfulness object overthrowing organized government also denied appellate division setting forth extracts manifesto referring left wing communist programs published issue revolutionary age perfectly plain plan purpose advocated contemplate overthrow destruction governments free action majority people ballot box electing representatives authorize change government amending changing constitution immediately organizing industrial proletariat militant socialist unions earliest opportunity mass strike force violence necessary compelling government cease function proletarian dictatorship taking charge appropriating property administering governing dictatorship time proletariat permitted administer govern articles question discussion ideas theories advocate doctrine deliberately determined upon planned militantly disseminating propaganda advocating duty necessity proletariat engaged industrial pursuits organize extent massed strike wheels government may ultimately stopped government overthrown appeals held manifesto overthrow government violence unlawful means one opinions representing views majority said seen defendant manifesto advocated destruction state establishment dictatorship proletariat advocate commission conspiracy action mass strike whereby government cripped administration justice paralyzed health morals welfare community endangered purpose bringing revolution state advocate overthrow organized government unlawful means said read manifesto feel entirely clear jury justified rejecting view mere academic harmless discussion advantages communism advanced socialism regarding justification advocacy action one class destory rights classes overthrow state use revolutionary mass strikes true advocacy specific terms use force violence need things commonly incident others need mentioned underlying purpose described appellate division appeals held statute constitutional specification errors relied relates solely specific rulings trial matters hereinbefore set correctness verdict questioned case submitted jury sole contention essentially evidence concrete result flowing publication manifesto circumstances showing likelihood result statute construed applied trial penalizes mere utterance quality incitement without regard either circumstances utterance likelihood unlawful sequences exercise right free expression relation government punishable circumstances involving likelihood substantive evil statute contravenes due process clause fourteenth amendment argument support contention rests primarily upon following propositions protected fourteenth amendment includes liberty speech press liberty expression absolute may restrained circumstances exercise bears causal relation substantive evil consummated attempted likely statute account circumstances unduly restrains liberty therefore unconstitutional precise question presented question consider writ error whether statute construed applied case state courts deprived defendant liberty expression violation due process clause fourteenth amendment statute penalize utterance publication abstract academic discussion quality incitement concrete action aimed mere historical philosophical essays restrain advocacy changes form government constitutional lawful means prohibits language advocating advising teaching overthrow organized government unlawful means words imply urging action advocacy defined century dictionary act pleading supporting recommending active espousal abstract overthrowing organized government unlawful means denounced statute advocacy action accomplishment purpose construed applied trial judge specifically charged jury mere grouping historical events prophetic deduction neither constitute advocacy advice teaching doctrine overthrow government force violence unlawful means mere essay subject suggested counsel based upon deductions alleged historical events teaching advice advocacy action constitute violation statute manifesto plainly neither statement abstract doctrine suggested counsel mere prediction industrial disturbances revolutionary mass strikes result spontaneously inevitable process evolution economic system advocates urges fervent language mass action shall progressively foment industrial disturbances political mass strikes revolutionary mass action action overthrow destroy organized parliamentary government concludes call action words proletariat revolution communist reconstruction struggle indispensable communist international calls proletariat world final struggle expression philosophical abstraction mere prediction future events language direct incitement means advocated bringing destruction organized parliamentary government namely mass industrial revolts usurping functions municipal government political mass strikes directed parliamentary state revolutionary mass action final destruction necessarily imply use force violence essential nature inherently unlawful constitutional government law order jury warranted finding manifesto advocated merely abstract doctrine overthrowing organized government force violence unlawful means action end clear present purposes may assume freedom speech protected first amendment abridgment among fundamental personal rights protected due process clause fourteenth amendment impairment regard incidental statement prudential ins cheek fourteenth amendment imposes restrictions concerning freedom speech determinative question fundamental principle long established freedom speech press secured constitution confer absolute right speak publish without responsibility whatever one may choose unrestricted unbridled license gives immunity every possible use language prevents punishment abuse freedom story constitution ed robertson baldwin patterson colorado ann cas fox washington schenck frohwerk debs schaefer gilbert minnesota warren reasonably limited said story passage cited freedom inestimable privilege free government without limitation might become scourge republic state exercise police power may punish abuse freedom utterances inimical public welfare tending corrupt public morals incite crime disturb public peace open question robertson baldwin supra patterson colorado supra fox washington supra gilbert minnesota supra people state holm state hennessy state boyd law state mckee thus held fox case state may punish publications advocating encouraging breach criminal laws gilbert case state may punish utterances teaching advocating citizens assist prosecuting carrying war public enemies yet imperative reasons state may punish utterances endangering foundations organized government threatening overthrow unlawful means imperil existence constitutional state freedom speech press said story supra protect disturbances public peace attempt subvert government protect publications teachings tend subvert imperil government impede hinder performance governmental duties state holm supra protect publications prompting overthrow government force punishment publish articles tend destroy organized society essential security freedom stability state people supra pp state may penalize utterances openly advocate overthrow representative constitutional form government several violence unlawful means people lloyd see also state tachin law people steelik cal short freedom deprive state primary essential right self preservation long human governments endure denied turner williams toledo newspaper ed said safeguarding fructification free constitutional institutions basis mainstay upon freedom press rests freedom therefore held include right virtually destroy institutions enacting present statute state determined legislative body utterances advocating overthrow organized government force violence unlawful means inimical general welfare involve danger substantive evil may penalized exercise police power determination must given great weight every presumption indulged favor validity statute mugler kansas case considered light principle state primarily judge regulations required interest public safety welfare police may declared unconstitutional arbitrary unreasonable attempts exercise authority vested state public interest great northern ry clara city ed utterances inciting overthrow organized government unlawful means present sufficient danger substantive evil bring punishment within range legislative discretion clear utterances nature involve danger public peace security state threaten breaches peace ultimate revolution immediate danger none less real substantial effect given utterance accurately foreseen state reasonably required measure danger every utterance nice balance jeweler scale single revolutionary spark may kindle fire smouldering time may burst sweeping destructive conflagration said state acting arbitrarily unreasonably exercise judgment measures necessary protect public peace safety seeks extinguish spark without waiting enkindled flame blazed conflagration reasonably required defer adoption measures peace safety revolutionary utterances lead actual disturbances public peace imminent immediate danger destruction may exercise judgment suppress threatened danger incipiency people lloyd supra aptly said legislature authority forbid advocacy doctrine designed intended overthrow government without waiting present imminent danger success plan advocated state compelled wait apprehended danger became certain right protect come simultaneously overthrow government neither prosecuting officers courts enforcement law hold present statute arbitrary unreasonable exercise police power state unwarrantably infringing freedom speech press must sustain constitutionality may applied every trivial beneath notice character used intent purpose bring within prohibition statute principle illustrated fox washington supra abrams schaefer supra pp pierce gilbert minnesota supra words legislative body determined generally constitutional exercise discretion utterances certain kind involve danger substantive evil may punished question whether specific utterance coming within prohibited class likely bring substantive evil open consideration sufficient statute constitutional use language comes within prohibition clear question cases entirely different involved cases statute merely prohibits certain acts involving danger substantive evil without reference language sought apply provisions language used defendant purpose bringing prohibited results contended statute applied language used defendant protection freedom speech press must necessarily found original question without previous determination legislative body whether specific language used involved likelihood bringing substantive evil deprive constitutional protection case held general provisions statute may constitutionally applied specific utterance defendant natural tendency probable effect bring substantive evil legislative body might prevent schenck supra debs supra pp general statement schenck case every case whether words used used circumstances nature create clear present danger bring substantive evils great reliance placed defendant manifestly intended shown context apply cases class application like present legislative body previously determined danger substantive evil arising utterances specified character defendant brief separately discuss rulings trial necessary say applying general rules already stated find none involved invasion constitutional rights defendant necessary within meaning statute defendant advocated definite immediate act acts force violence unlawfulness sufficient acts advocated general terms essential immediate execution advocated necessary language ordinarily calculated incite certain persons acts force violence unlawfulness advocacy need addressed specific persons thus publication circulation newspaper article may encouragement endeavor persuade murder although addressed person particular queen need enter upon consideration english common law rule seditious libel federal sedition act reference made defendant brief unlike present statute think decisions cast helpful light upon questions finding reasons stated statute unconstitutional applied present case derogation constitutional right judgment appeals affirmed justice holmes dissenting justice brandeis opinion judgment reversed general principle free speech seems must taken included fourteenth amendment view scope given word used although perhaps may accepted somewhat larger latitude interpretation allowed congress sweeping language governs govern laws right think criterion sanctioned full schenck ed applies question every case whether words used used circumstances nature create clear present danger bring substantive evils state right prevent true opinion criterion departed abrams convictions expressed case deep possible yet believe schaefer settled law think correct test applied manifest present danger attempt overthrow government force part admittedly small minority shared defendant views said manifesto theory incitement every idea incitement offers belief believed acted unless belief outweighs failure energy stifles movement birth difference expression opinion incitement narrower sense speaker enthusiasm result eloquence may set fire reason whatever may thought redundant discourse us chance starting present conflagration long run beliefs expressed proletarian dictatorship destined accepted dominant forces community meaning free speech given chance way publication document laid attempt induce uprising government indefinite time future presented different question object one law might deal subject doubt whether danger publication produce result words whether futile remote possible consequences indictment alleges publication nothing footnotes laws consol laws statute originally enacted laws italics given original paragraphing omitted left wing manifesto authority conference national council left wing world crisis capitalism prevailing system society process disintegration collapse humanity saved last excesses communist revolution socialism one temper purpose proletarian revolutionary struggle class struggle heart socialism without strict conformity class struggle revolutionary implications socialism becomes either sheer utopianism method reaction dominant socialism capitalist governments prevent revolution russian revolution first act proletariat war imperialism proletaiat urging poorer peasantry conquered power accomplished proletarian revolution means bolshevik policy power soviets new transitional state proletarian dictatorship moderate socialism affirms bourgeois democratic parliamentary state necessary basis introduction socialism revolutionary socialism contrary insists democratic parliamentary state never basis introduction socialism necessary destroy parliamentary state construct new state organized producers deprive bourgeoisie political power function revolutionary dictatorship proletariat revolutionary socialism alone capable mobilizing proletariat socialism conquest power state means revolutionary mass action proletarian dictatorship imperialism dominant world power war aggrandized american capitalism instead stead weakening europe conditions modify immediate task alter general character moment revolution moment revolutionary struggle strikes developing verge revolutionary action suggestion proletarian dictatorship apparent trying usurp functions municipal government seattle winnipeg mass struggle proletariat coming strikes constitute determining feature proletarian action days come revolutionary socialism must use mass industrial revolts broaden strike make general militant use strike political objectives finally develop mass political strike capitalism state revolutionary socialism must base mass struggles proletariat engage directly struggles emphasizing revolutionary purposes socialism proletarian movement mass strikes american proletariat provide material basis develop concepts action revolutionary socialism task articulate organize mass unorganized industrial proletariat constitutes basis militant socialism struggle revolutionary industrial unionism proletariat becomes indispensable phase revolutionary socialism basis broaden deepen action militant proletariat developing reserves ultimate conquest power revolutionary socialism adheres class struggle class struggle mass industrial proletariat secure immediate concessions finally conquer power organizing industrial government working class class struggle political struggle sense objective overthrow political organization upon capitalistic exploitation depends introduction new social system direct objective conquest proletariat power state revolutionary socialism propose bourgeois parliamentary state conquer destroy revolutionary socialism accordingly repudiates policy introducing socialism means legislative measures basis bourgeois state proposes conquer means political action revolutionary marxian sense simply mean parliamentarism class action proletariat form objective conquest power state parliamentary action emphasizes implacable character class struggles indispensable means agitation parliamentarism conquer power state proletariat accomplished legislative representatives proletariat mass power proletariat action power proletariat inheres political mass strike using industrial mass power proletariat political objectives revolutionary socialism accordingly recognizes form proletarian political action political mass strike power proleatariat lies fundamentally control industrial process mobilization control action burgeois state capitalism means end capitalism initial form revolutionary mass action conquer power state revolution starts strikes protest developing mass political strikes revolutionary mass action conquest power state mass action becomes political purpose form equally process revolution revolution operation final objective mass action conquest power state annihilation bourgeois parliamentary state introduction transition proletarian state functioning revolutionary dictatorship proletariat bourgeois parliamentary state organ bourgeoisie coercion proletariat revolutionary proletariat must accordingly destroy state therefore necessary proletariat organize state coercion suppression bourgeoisie proletarian dictatorship recognition necessity revolutionary state coerce suppress bourgeoisie equally recognition fact communist reconstruction society proletariat class alone counts old machinery state used revolutionary proletariat must destroyed proletariat creates new state based directly upon industrially organized producers upon industrial unions soviets combination state alone functioning dictatorship proletariat realize socialism dictatorship proletariat proforms negative task crushing old order performs positive task constructing new together government proletarian dictatorship developed new longer government old sense since concerns management production government persons workers control industry introduced proletarian dictatorship develops complete structure communist socialism government communistically organized producers structure completed implies complete expropriation bourgeoisie economically politically dictatorship proletariat ends place coming full free social individual autonomy communist order problem immediate revolution problem immediate revolutionary struggle revolutionary epoch final struggle capitalism may last years tens years communist international offers policy program immediate ultimate scope provides immediate class struggle capitalism revolutionary implications final act conquest power old order decay civilization collapse proletarian revolution communist reconstruction struggle indispensable message communist international workers world communist international calls proletariat world final struggle testimony trial extended strike winnipeg commencing may production supply necessities transportation postal telegraphic communication fire sanitary protection suspended seriously curtailed people gitlow app div five judges constituting majority agreed view people gitlow two judges constituting dissented solely question construction statute reference manifesto purpose overthrowing present form established political system government direct means rather constitutional means therein clearly advocated defended pages pages exceptions rulings duly taken compare patterson colorado ann cas twining new jersey coppage kansas fox washington schaefer gilbert minnesota meyer nebraska story constitution reference much decision relates conviction third count considering effect decisions espionage act amendment distinction must kept mind indictments provisions specifically punish certain utterances merely punish specified acts general terms without specific reference use language stat