Majority Opinions Authored by Justice Edward Sanford

The plaintiff in error was tried and convicted in the District Court of Rice County, Kansas, upon an information charging him with violating the Criminal Syndicalism Act of that State. Laws, Spec. Sess. 1920, c. 37. The judgment was affirmed by the Supreme Court of the *382 State, 117 Kan. 69; and this writ of error was allowed by the Chief Justice of that court.

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Benjamin Gitlow, a socialist, was arrested in 1919 for distributing a “Left Wing Manifesto” that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under New York’s Criminal Anarchy Law, which punished advocating the overthrow of the government by force. Gitlow challenged his conviction, arguing that the First Amendment restrains the states as well as the federal government and that the criminal anarchy law violated the First Amendment.

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Overruled

By a criminal information filed in the Superior Court of Alameda County, California, the plaintiff in error was charged, in five counts, with violations of the Criminal Syndicalism Act of that State. Statutes, 1919, c. 188, p. 281. She was tried, convicted on the first count, and sentenced to imprisonment. The judgment was affirmed by the District Court of Appeal. 57 Cal. App. 449. Her petition to have the case heard by the Supreme Court[1] was denied. Ib. 453. And the case was brought here on a writ of error which was allowed by the Presiding Justice of the Court of Appeal, the highest court of the State in which a decision could be had. Jud. Code, § 237.

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