Politics Walking The Tightrope Of The Law: The New York Criminal Anarchy Act Of 1902

Anarchist Studies - ISSN 2633-8270
Volume 32 Number 2 (2024)

Politics Walking The Tightrope Of The Law: The New York Criminal Anarchy Act Of 1902
Claire Aniel-Buchheit pages 44-74
DOI: 10.3898/AS.32.2.03

Abstract

The Criminal Anarchy Acts of 1902 and 1903 are often seen as secondary in the history of American anarchism and legal history due to their limited use in court. This article focuses on the 1902 Criminal Anarchy Act of New York State, which was enacted following the assassination of President William McKinley in 1901 by alleged anarchist Leon Czolgosz. The paper delves into the international, national, and local circumstances that led to the passing of the law. It provides an analysis of the Act itself, highlighting its depoliticisation of anarchism, essentially criminalising it, and links its existence to America’s legal approach to federalism. Furthermore, the article aims to uncover the repercussions of the Act: despite its limited use in court and the failed attempt to depoliticise anarchism, the Act left a significant mark on the anarchist movement in the United States. It also sparked debates on freedom of speech and ultimately contributed to the landmark Supreme Court decision in Gitlow v. New York (1925), which initiated the incorporation doctrine.

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To cite this article
Claire Aniel-Buchheit (2024) Politics Walking The Tightrope Of The Law: The New York Criminal Anarchy Act Of 1902, Anarchist Studies, 32(2), 44-74. https://doi.org/10.3898/AS.32.2.03

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