Question

In the case Gitlow v. New York, Gitlow argued

that his First Amendment rights were being violated.
that he couldn't be convicted of the same crime twice.
that his Sixth Amendment rights guaranteed him the right to a jury.
that he couldn't be jailed without being charged with a crime.

Answer 1

In the case Gitlow v. New York, Gitlow argued that his First Amendment rights were being violated. Specifically, Benjamin Gitlow was convicted under New York's criminal anarchy law for distributing socialist pamphlets advocating for the overthrow of the government. He contended that his conviction violated his right to free speech as protected by the First Amendment. The Supreme Court ultimately held that the states could limit free speech in cases where there is a clear and present danger that the speech would lead to substantive evils.