The statute does not violate the Equal Protection Clause of the Fourteenth Amendment in penalizing those who advocate a resort to violent and unlawful methods as a means of changing industrial and political conditions while not penalizing those who may advocate a resort to such methods for maintaining such conditions, since the distinction is not arbitrary, but within the discretionary power of the State to direct its legislation against what it deems an evil without covering the whole field of possible abuses. P. ERROR to a judgment of the District Court of Appeal of California, which affirmed a conviction of the petitioner under the state act against criminal syndicalism. Holmes had written eloquently in 1919 of the importance of allowing truth to emerge from an unfettered ‘‘marketplace’’ of ideas, but this image, like many deployed by Holmes, had coldly Darwinian overtones. This Court acquires no jurisdiction to review the judgment of a state court of last resort on a writ of error unless it affirmatively appears on the face of the record that a federal question constituting an appropriate ground for such review was presented in and expressly or necessarily decided by such state court.
The determination of the legislature that the acts defined involve such danger to the public peace and security of the State that they should be penalized in the exercise of the police power must be given great weight, and every presumption be indulged in favor of the validity of the statute, which could be declared unconstitutional only if an attempt to exercise arbitrarily and unreasonably the authority vested in the State in the public interest. 71 L.Ed. Whitney v. California. Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that, in its government, the deliberative forces should prevail over the arbitrary. 2. WHITNEY V. CALIFORNIA. The proposed resolutions were later taken, up and all adopted except that on political action, which caused a lengthy debate, resulting in its defeat and the acceptance of the National Program in its place. It is the function of speech to free men from the bondage of irrational fears. They believed liberty to be the secret of happiness, and courage to be the secret of liberty. Among free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law, not abridgment of the rights of free speech and assembly. "Quoted by Charles A. The right of free speech, the right to teach, and the right of assembly are, of course, fundamental rights. The notion that the ideal antidote to menacing or harmful arguments is better arguments was set forth by Justice Louis Brandeis in his concurrence in the 1927 case Whitney v. California… [ coerced by law -- the argument of force in its worst form.

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