The year 2020 marked the centennial anniversary of the landmark Supreme Court case, Gitlow v. New York, which helped shape the landscape of First Amendment rights in the United States. To commemorate this momentous occasion, the Arizona State University Sandra Day O’Connor College of Law held a symposium titled “Gitlow v. New York at 100” last year. The symposium, which brought together legal scholars, practitioners, and students, was the final event in a series of discussions and debates surrounding the significance of this groundbreaking case.
The symposium was a fitting conclusion to the year-long celebration of the Gitlow decision, which has had a lasting impact on the interpretation and application of the First Amendment. The case, which was decided in 1925, involved a controversial conviction of socialist publisher Benjamin Gitlow for distributing “Left Wing Manifesto,” a pamphlet advocating for the overthrow of the government. Gitlow’s conviction was upheld by the New York Court of Appeals, but the case was eventually taken up by the US Supreme Court.
In a 7-2 decision, the Supreme Court upheld Gitlow’s conviction but also established the “incorporation doctrine,” which extended the protections of the First Amendment to the states through the Due Process Clause of the Fourteenth Amendment. This ruling set a precedent for future cases involving freedom of speech and press, and it marked a significant shift in the understanding of the First Amendment as a fundamental right that applies to all levels of government.
The ”Gitlow v. New York at 100” symposium was a thought-provoking and enlightening event that delved into the historical, political, and legal implications of the Gitlow decision. The event kicked off with a keynote address by Professor Vincent Blasi, a renowned First Amendment scholar and one of the leading voices in the field. Blasi highlighted the significance of the Gitlow case in the development of free speech jurisprudence and how it continues to shape our understanding of the First Amendment today.
The symposium also featured panel discussions on various aspects of the Gitlow decision, including its impact on free speech, the incorporation doctrine, and its relevance in the digital age. The discussions were led by distinguished legal scholars, such as Professor Robert Post of Yale Law School and Professor David Rabban of the University of Texas Law School, who offered insightful perspectives on the case and its lasting effects on the First Amendment.
One of the highlights of the symposium was a roundtable discussion where current and former Supreme Court clerks shared their thoughts on the Gitlow decision and how it has influenced their understanding of free speech and press freedoms in their work. This session provided a unique opportunity to gain insights into the perspectives of those who have worked closely with the Supreme Court and have a deep understanding of the inner workings of the judicial system.
The ”Gitlow v. New York at 100” symposium was not only a celebration of the past but also served as a platform for discussing the future of free speech in the country. As technology continues to advance and the world becomes increasingly interconnected, the boundaries of free speech are constantly being tested. The symposium raised important questions about the scope of First Amendment protections in the digital age and the challenges that lie ahead in protecting free speech in a rapidly changing world.
The event also provided a stage for students to engage with these complex issues and learn from some of the brightest legal minds in the country. The students’ participation in the symposium was a testament to the enduring influence of the Gitlow decision and its relevance in our society today.
In conclusion, the ”Gitlow v. New York at 100” symposium was a fitting tribute to a landmark case that continues to shape the landscape of First Amendment rights in the United States. The discussions and debates that took place at the symposium served as a reminder of the importance of protecting free speech and press freedoms, and the ongoing need to uphold the principles enshrined in our Constitution. As we reflect on the legacy of the Gitlow decision, it is clear that its impact will continue to be felt for years to come.