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Gitlow V. New York
''Gitlow v. New York'', 268 U.S. 652 (1925), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment to the United States Constitution, First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states. Along with ''Chicago, Burlington & Quincy Railroad Co. v. City of Chicago'' (1897), it was one of the first major cases involving the incorporation of the Bill of Rights. It was also one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing. The case arose from the conviction under New York state law of Socialist Party of America, Socialist politician a ...
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Benjamin Gitlow
Benjamin Gitlow (December 22, 1891 – July 19, 1965) was a prominent American socialist politician of the early 20th century and a founding member of the Communist Party USA. During the end of the 1930s, Gitlow turned to conservatism and wrote two sensational exposés of American Communism, books which were very influential during the McCarthy period. Gitlow remained a leading anti-communist up to the time of his death. Background Benjamin Gitlow was born on December 22, 1891, in Elizabethport, New Jersey. His parents were Jewish immigrants from the Russian Empire; his father, Lewis Albert Gitlow, moved to the United States in 1888, followed by his mother, Katherine, in 1889. In the United States, his father worked part-time for insufficient hours in various factories, while his mother helped the impoverished family to make ends meet by stitching piecework at home for garment factories. Radicalism seems to have run deeply in the family. Guests to the family home told stori ...
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Bad Tendency
In U.S. law, the bad tendency principle was a test that permitted restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in '' Patterson v. Colorado'', (1907) was seemingly overturned with the "clear and present danger" principle used in the landmark case ''Schenck v. United States'' (1919), as stated by Justice Oliver Wendell Holmes, Jr. Yet eight months later, at the start of the next term in ''Abrams v. United States'' (1919) the Court again used the bad tendency test to uphold the conviction of a Russian immigrant who published and distributed leaflets calling for a general strike and otherwise advocated revolutionary, anarchist, and socialist views. Holmes dissented in ''Abrams'', explaining how the ''clear and present danger test'' should be employed to overturn Abrams' conviction. The re-emergence of the bad tendency test resulted in a string of cases after ''Abra ...
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Socialism
Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the economic, political and social theories and movements associated with the implementation of such systems. Social ownership can be state/public, community, collective, cooperative, or employee. While no single definition encapsulates the many types of socialism, social ownership is the one common element. Different types of socialism vary based on the role of markets and planning in resource allocation, on the structure of management in organizations, and from below or from above approaches, with some socialists favouring a party, state, or technocratic-driven approach. Socialists disagree on whether government, particularly existing government, is the correct vehicle for change. Socialist systems are divided into non-market and market f ...
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Communism
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a socioeconomic order centered around common ownership of the means of production, distribution, and exchange which allocates products to everyone in the society.: "One widespread distinction was that socialism socialised production only while communism socialised production and consumption." Communist society also involves the absence of private property, social classes, money, and the state. Communists often seek a voluntary state of self-governance, but disagree on the means to this end. This reflects a distinction between a more libertarian approach of communization, revolutionary spontaneity, and workers' self-management, and a more vanguardist or communist party-driven approach through the development of a constitutional socialist st ...
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Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee, ...
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Bolshevik Revolution
The October Revolution,. officially known as the Great October Socialist Revolution. in the Soviet Union, also known as the Bolshevik Revolution, was a revolution in Russia led by the Bolsheviks, Bolshevik Party of Vladimir Lenin that was a key moment in the larger Russian Revolution, Russian Revolution of 1917–1923. It was the second revolutionary change of government in Russia in 1917. It took place through an armed insurrection in Petrograd (now Saint Petersburg) on . It was the precipitating event of the Russian Civil War. The October Revolution followed and capitalized on the February Revolution earlier that year, which had overthrown the Tsarist autocracy, resulting in a liberal Russian Provisional Government, provisional government. The provisional government had taken power after being proclaimed by Grand Duke Michael Alexandrovich of Russia, Grand Duke Michael, Nicholas II of Russia, Tsar Nicholas II's younger brother, who declined to take power after the Tsar st ...
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Anarchism
Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not necessarily limited to, governments, nation states, and capitalism. Anarchism advocates for the replacement of the state with stateless societies or other forms of free associations. As a historically left-wing movement, usually placed on the farthest left of the political spectrum, it is usually described alongside communalism and libertarian Marxism as the libertarian wing (libertarian socialism) of the socialist movement. Humans lived in societies without formal hierarchies long before the establishment of formal states, realms, or empires. With the rise of organised hierarchical bodies, scepticism toward authority also rose. Although traces of anarchist thought are found throughout history, modern anarchism emerged from the Enlightenment. ...
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First Red Scare
The First Red Scare was a period during History of the United States (1918–1945), the early 20th-century history of the United States marked by a widespread fear of Far-left politics, far-left movements, including Bolshevik, Bolshevism and anarchism, due to real and imagined events; real events included the Russian 1917 October Revolution and 1919 United States anarchist bombings, anarchist bombings. At its height in 1919–1920, concerns over the effects of radical political agitation in American society and the alleged spread of socialism, communism and Anarchism in the United States, anarchism in the American labor movement fueled a general sense of concern. The Scare had its origins in the hyper-nationalism of World War I as well as the Russian Revolution. At the war's end, following the October Revolution, American authorities saw the threat of communist revolution in the actions of Trade union, organized labor, including such disparate cases as the Seattle General Stri ...
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William McKinley
William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until his assassination in 1901. As a politician he led a realignment that made his Republican Party largely dominant in the industrial states and nationwide until the 1930s. He presided over victory in the Spanish–American War of 1898; gained control of Hawaii, Puerto Rico, the Philippines and Cuba; restored prosperity after a deep depression; rejected the inflationary monetary policy of free silver, keeping the nation on the gold standard; and raised protective tariffs to boost American industry and keep wages high. A Republican, McKinley was the last president to have served in the American Civil War; he was the only one to begin his service as an enlisted man, and end as a brevet major. After the war, he settled in Canton, Ohio, where he practiced law and married Ida Saxton. In 1876, McKinley was elected to Congress, where he became the Republican e ...
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Assassination Of William McKinley
William McKinley, the 25th president of the United States, was shot on the grounds of the Pan-American Exposition at the Temple of Music in Buffalo, New York, on September 6, 1901, six months into his second term. He was shaking hands with the public when anarchist Leon Czolgosz shot him twice in the abdomen. McKinley died on September 14 of gangrene caused by the wounds. He was the third American president to be assassinated, following Abraham Lincoln in 1865 and James A. Garfield in 1881. McKinley enjoyed meeting the public and was reluctant to accept the security available to his office. Secretary to the President George B. Cortelyou feared that an assassination attempt would take place during a visit to the Temple of Music and took it off the schedule twice, but McKinley restored it each time. Czolgosz had lost his job during the economic Panic of 1893 and turned to anarchism, a political philosophy adhered to by recent assassins of foreign leaders. He regarded McKinle ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ...
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