In Gitlow v. New York, the U.S. Supreme Court asserted the First Amendment right to freedom of speech and bound the states to it, while upholding the conviction of a socialist convicted of passing out seditious (anti-war) pamphlets in New York.

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In Gitlow v. New York (1925), the Supreme Court did indeed hold that the First Amendment's protection of speech applied to the states through the Fourteenth Amendment's Due Process Clause, but it also upheld Gitlow's conviction, establishing the precedent that certain types of speech, such as those advocating for violent overthrow of the government, could be restricted.

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