"[T] his Court will review the finding of facts by a State court... where a conclusion of law as to a Federal right and a finding of fact are so intermingled as to make it necessary, in order to pass upon the Federal question, to analyze the facts."

—reversing conviction of organizer of the Industrial Workers of the World for criminal syndicalism, based on references to class struggle in the union's constitution

—the Supreme Court acknowledged that the First Amendment is applicable to the states through the Fourteenth Amendment.

But it nevertheless remains our duty in a case such as this to make an independent examination of the whole record.

The Fourteenth Amendment incorporated the First Amendment's right to freedom of speech to the states

The First Amendment is applicable to the states and municipalities through the Fourteenth Amendment.

—for the first time found that a state law regulating speech violated the Due Process Clause of the Fourteenth Amendment.

And it was not until the 1920s and 1930s, in cases involving prosecutions for allegedly seditious political activity, that the Supreme Court first invoked liberty interests inherent in the Fourteenth Amendment's due process clause to reverse criminal convictions based on speech.

Thus, whenever a conclusion of law of a state court as to a federal right and findings of fact are so intermingled that the latter control the former, it is incumbent upon us to analyze the facts in order that the appropriate enforcement of the federal right may be assured.

The Court upheld the statute on the ground that, without more, "advocating" violent means to effect political and economic change involves such danger to the security of the State that the State may outlaw it.