Liberty analysis

Running Head: Liberty Analysis
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Liberty Analysis
Herein, this document contains a liberty analysis discussion for the Supreme Court case:
1 as listed in the course textbook. The details of the Scenario is as follows.
“Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the
statutory crime of criminal anarchy. New York Penal Law, 160, 161.1 He was separately tried,
convicted, and sentenced to imprisonment….The case is here on writ of error to the Supreme
Court, to which the record was remitted. The contention here is that the statute, by its terms and
as applied in this case, is repugnant to the due process clause of the Fourteenth Amendment.”
(Gitlow v. People of the State of New York, 1925)
This paper presents an analysis of the side of the presented controversy winning that will
promote liberty. In 5 paragraphs, a meaning of liberty is explored against the case, indicating
where the particular aspect of liberty does not apply, and why it so does not. The five meanings
used in this assignment include: independence, federalism. Personal responsibility, personal
liberties and living in the jurisdiction of a government with constitutionally defined limits.
Benjamin Gitlow’s winning of the case would promote the self-governance of the people
of the state. Revisiting the case to ascertain that the alleged offended statutes was sufficiently
relevant in the case of Gitlow and his mates shall uphold the sovereignty of the state in that its
decision was objectively arrived at. The independence of the state is sufficiently upheld so long
as the state is objectively acting on the case as directed by the law, and in particular the XIV
amendment clause demanding a reasonable application of the law. Citizens of every race and
color … shall have the same right in every State and territory to…p142 (Iachetta, 2018). This
clause implies that the rights of other individuals in the state are equally important as those of the
Liberty Analysis
accused and that none is to be maligned (Maltz, 2015). Gitlow and his associates are in no way to
deserving a right of independence in this case.
Annulling of the indictment against the four individuals, or a revision of the proceedings
against the accused is a promotion of the liberty of personalities in sight of federalism. This is so
on the grounds that the XIV amendment (Fox Jr, 2015) provided. The amendment declared that
neither the federal government nor the states shall deny any person their absolute rights without
sufficient and exhaustive legal procedure. The accused therefore has a right to be given a more
considerate hearing before abridging his liberty so substantially. This Court has held … that the
Fifth and Fourteenth Amendments protect certain fundamental personal liberties from
abridgement by the Federal Government or the States…p150this implies that it is within the
assignment of the Supreme Court to as much as possible attempt to protect the rights of citizens.
In light of personal responsibility, Gitlow’s losing of the case will promote personal
responsibility by requiring him and his mates to bear the resulting court action against their
personal choices. While nature provides that any person deserves a non-restriction to act, the
court is obliged to protect that right by only taking into consideration applicable statutes and
enforcing their intended implications. The indulgence of evil is followed by punishment, because
it is an inexorable law of man’s organization. The choice of good is followed by happiness,
contentment, and prosperity. (Iachetta, 2018, P. 127)” Thereby, having indulged in statutory
offense, the three parties deserve punishment as much as the right they initially have. Activity
66A desambiguates - “No State shall … deprive any person of life, liberty, or property, without
due process of law” (Iachetta, 2018) and hence provides the capacity for the Court of Law to
restrict the accused’s liberties after sufficient court procedure.
Liberty Analysis
The Supreme Court maintaining the accused guilty is crucial to promote the recognition
of the importance of personal liberty (Morris, 2001) as well as the non-infinite nature of
freedom. It is not a matter of liberty for an individual to engage in criminal anarchy in the
alleged claim of dwelling within one’s provisions of personal liberty. Gitlow is off the limits of
personal liberty by engaging in action that infringes the liberty of other persons. The accused‘s
personal liberty is therefore non-important as far as the case at hand is concerned. The
indulgence of evil is followed by punishment, because it is an inexorable law of man’s
organization. The choice of good is followed by happiness, contentment, and prosperity. P127”
This clause reflects an imminent punishment on the engagement of a person in unreasonable
freedom and action. Therefore, Gitlow and his mates are guilty for their constitutionally explicit
crime, and deserve the pronounced sentence. This way, both they and other parties will learn an
importance aspect regarding exercise of one’s freedom.
In light to living under a government that observes constitutionally established limits
(Buchanan, 1975), considering the writ of error submitted to the Supreme Court is significant so
as to promote adherence to constitutionalism. The XIV amendment, which is now part of the law
defines the role of the government in protection of human liberty. It is in this sense that the court
owes the accused a chance to ascertain the dialectical adherence of the ruling to constitutionally
established principles. “the personal liberty of individuals...[consisting] in the power of
locomotion, of changing situations or moving one’s person to whatsoever place one’s own
inclination may direct, without imprisonment, or restraint, unless by due course of law... Activity
66A defines, as quoted, that the due process of law is sufficient to deny Gitlow and mates of such
liberties they inherently deserve.
Liberty Analysis
As discussed in this assignment, the accused is both deserving a more intricate legal
procedure to grant their conscience that they are fully protected by the judicial authority; as well
as fully liable for their uninformed action which drew legal restraints of freedom. Either way, some
meanings of freedom as per the 5 feature guide used in this assignment, do not apply either in part
or wholly to the accused. For instance, the controversy at hand is less concerning personal liberty
since the accused proceeded to engage in extralegal action claiming the liberty of freedom,
personal responsibility and independence. This paper thus maintains that liberty must be granted
in such a manner that maintains the liberty of every other party in the society, thus maintaining a
holistic view of the society.
Liberty Analysis
Buchanan, J. M. (1975). The limits of liberty: Between anarchy and Leviathan. University of
Chicago Press(714).
Fox Jr, J. W. (2015). The Fourteenth Amendment and the Privileges and Immunities of
American Citizenship. . Constitutional Commentary, 567-611.
Iachetta, M. S. (2018). Basic Principles of American Government.
Maltz, E. M. (2015). The Forgotten Provision of the Fourteenth Amendment: Section 2 and the
Evolution of American Democracy. La. L.Rev., 76(2015), 149.
Morris, T. D. (2001). Free Men All: The Personal Liberty Laws of the North, 1780-1861. The
Lawbook Exchange.

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