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The Time to Kill a Snake: Gitlow v. New York and the Bad‐Tendency Doctrine
Author(s) -
LENDLER MARC
Publication year - 2011
Publication title -
journal of supreme court history
Language(s) - English
Resource type - Journals
eISSN - 1540-5818
pISSN - 1059-4329
DOI - 10.1111/j.1540-5818.2011.01255.x
Subject(s) - plaintiff , supreme court , doctrine , law , statute , state (computer science) , political science , philosophy , law and economics , sociology , computer science , algorithm
This statute is a preventive measure. It is intended to head off these mad and cruel men at the beginning of their careers. It is intended to put out a fire with a bucket of water which might not later on yield to the contents of the reservoir. —William MacAdoo, presiding judge at Benjamin Gitlow's arraignmentThe brief for the plaintiff‐in‐error contains a very interesting discussion—much of it historical, much of it philosophical—of the right of free speech. We shall not address that question at all. —State's Brief to Supreme Court, Gitlow v. New York