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GITLOW v. NEW YORK

No. 19.

268 U.S. 652 (1925)

GITLOW v. PEOPLE OF NEW YORK.

Supreme Court of United States.

Reargued November 23, 1923.

Decided June 8, 1925.

Attorney(s) appearing for the Case

Messrs. Walter Nelles and Walter H. Pollak, with whom Messrs. Albert De Silver and Charles S. Ascher were on the brief, for plaintiff in error.

Messrs W.J. Weatherbee, Deputy Attorney General of New York, and John Caldwell Myers, Assistant District Attorney of New York County, with whom Messrs. Carl Sherman, Attorney General of New York, Claude T. Dawes, Deputy Attorney General of New York, Joab H. Banton, District Attorney of New York County, and John F. O'Neil, Assistant District Attorney of New York County, were on the briefs, for defendant in error.

MR. JUSTICE SANFORD delivered the opinion of the Court.

Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy. New York Penal Laws, §§ 160, 161.1 He was separately tried, convicted, and sentenced to imprisonment. The judgment was affirmed by the Appellate Division and by the Court of Appeals. 195 App. Div. 773; 234...

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