Today in Supreme Court History: June 8, 1925

6/8/1925: Gitlow v. People of the State of New York decided.

Comments

[bye]

Stromberg introduces ‘symbolic speech” and Justice Thomas’s comment on the flag burning case reverses that in my opinion. Here is the key distinction: Speech is just what every normal person considers speech (not blasphemous sht “art” like “PissCh—t” or nude dancing, or flag burning). Justice argued that unlike other forms of symbolic expression, cross-burning is “intended to cause fear and to terrorize a population”. Thomas dissented, arguing that cross-burning should be universally banned, regardless of intent.

That is common sense, that is what your neighbor thinks.

[JoeFromtheBronx]

The long-term importance of this case is this aside:

For present purposes, we may and do assume that freedom of speech and of the press which are protected by the First Amendment from abridgment by Congress are among the fundamental personal rights and "liberties" protected by the due process clause of the Fourteenth Amendment from impairment by the States.

Justice Holmes has another quotable dissent joined by Brandeis on the merits. But, long term, this was an important milestone in incorporation of the 14A to the states.