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Congress shall make no law... abridging the of speech, or of

The case arose in November 1919 when Benjamin Gitlow, who had served as a local assemblyman, and an associate, Alan Larkin, were arrested by New York City police officers for criminal , an offense under New York state law. Gitlow and Larkin were both Communist Party members and publishers of , a radical newspaper in which they printed “The Left Wing Manifesto” (modeled on by and ), which advocated the violent overthrow of the U.S. government. Although Gitlow argued at trial that no violent action was

by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution viz.

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§ 1877. This short review exhibits, in a striking light, the gradual progress of opinion in favour of the liberty of publishing and printing opinions in England, and the frail and uncertain tenure, by which it has been held. Down to this very day it is a contempt of parliament, and a high breach of privilege, to publish the speech of any member of either house, without its consent. It is true, that it is now silently established by the course of popular opinion to be innocent in practice, though not in

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