The first successful ACLU case at
the U.S. Supreme Court was, not surprisingly, a free
speech case. Also not surprising, it is a bit of an overstatement to call
the case “successful”. In 1925, ACLU cooperating attorney Walter Pollack argued
a criminal appeal on behalf of Benjamin Gitlow, who had been convicted of
violating New York’s anti-anarchy law
after he circulated a pamphlet extolling the virtues of proletariat revolution.
The Supreme Court upheld the
conviction, but in doing so it recognized for the first time that Freedom of
Speech was one of the fundamental rights protected by the Fourteenth Amendment,
thus expanding the U.S. Constitution’s protection.