Gitlow v. New York (1925 Free Speech, NY)

Applying this standard, the Court found that Gitlow's publication of the Left Wing Manifesto—which explicitly advocated violent proletarian revolution and the overthrow of the existing government—fell squarely within speech that "by its nature tends to subvert or imperil the government." The Court reasoned that New York had a legitimate interest in protecting itself from speech advocating violent overthrow, and the state could therefore constitutionally criminalize the publication and distribution of such material without running afoul of the newly incorporated First Amendment. Though the outcome upheld the conviction, the ruling's incorporation holding meant that states could no longer ignore First Amendment protections entirely—they simply had to apply the speech-protective principles within constitutional bounds, subject to narrow exceptions for speech directly inciting government overthrow.