In 1925, Gitlow vs. NY decided 14th amendment applied to states also in terms of freedom of expression.

"The record in the United States Supreme Court on the basis of which the conviction of Benjamin Gitlow for advocating the overthrow of organized government by force or violence or unlawful means was affirmed by a seven to two decisions."

-Gitlow vs. New York (1925) -In this case, the issue of clear and present danger was often brought up. -Clear and Present Danger Doctrine -Involves two elements: -Seriousness: does a speech create a threat to the state and/or government?

-Immediacy: is the threat so imminent that harm will happen before the state and/or government gets to talk about it?