...Gitlow v. New York was the United States Supreme Court case occured on June 8, 1925. The Supreme Court decided to arrested Benjamin Gitlow, a sociologist and associate Alan Larkin. They were arrested in New York City for criminal crimes and allegedly distributed a copy of the "Left Wing Manifesto" and also acted to support the overthrow of the government by force. At the Trial, Gitlow argued that he did not take action to publish the manifesto and against the New York government by forces and strikes. Gitlow's lawyer argued that New York lawyers could not have sufficient evidence to prove Benjamin Gitlow's actions. After much controversy, Gitlow was finally convicted by the state appeals court. Benjamin Gitlow was born in Elizabethport, New Jersey on December 22, 1891. After graduating from high school, Gitlow worked at a grocery store in Newark. In 1909, Gitlow joined the American...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Was the Maryland law unconstitutional towards the Bank of the United States, under Article I, Section 8, of the constitution, to tax the Bank? (2) Background information: The Bank of the United States was not chartered within the Maryland state which caused Maryland to impose a burdensome tax on the Bank. The Bank’s Baltimore branch would not pay the tax, and Maryland sued James McCulloch. James McCulloch soon appealed to the U.S. Supreme Court. The U.S. Supreme court examined the case in 1819. Once they examined the case the court ruled that the Maryland tax was unconstitutional, while the Bank of the United States was constitutional. There was questioning in Article I, Section 8, which was if the congress had the power, and it was proper and...
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...freedom of expression and the law of sedition. Sedition and Freedom of expression and the Press in Nigeria The offence of sedition attempts to strike a balance between Freedom of Expression as enshrined in section 39(1) of the 1999 Constitution (as amended) and the security of the state. But, in discussing or criticizing government, a person or the press is allowed to keep his opinions within the limits of fair criticism. What is not permitted is to criticize the government in a malignant manner. For such attacks, by their nature tend to affect the public peace: DPP v. Obi. Therefore, what the offence of sedition seeks to achieve is the prevention of an unconstitutional overthrow of government or a breach of peace through virulent and malignant attacks on the government or a class. In DPP v. Chike Obi, the question raised was whether the offence of sedition in section 51 of the Criminal Code has not been invalidated by the provisions of the constitution in favour of...
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