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New York Times v. United States: Difference between revisions
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|subject=First Amendment | |subject=First Amendment | ||
|other_subjects=Prior restraints | |other_subjects=Prior restraints | ||
|appealed_from=DC Circuit | |appealed_from=DC Circuit & 2nd Circuit (NY) | ||
|facts=[https://www.ellsberg.net/ Daniel Ellsberg] helped author a top-secret government study, also known as, the [https://www.archives.gov/research/pentagon-papers Pentagon Papers]. "The Pentagon Papers" [https://www.famous-trials.com/ellsberg/273-home (formally, History of U.S. Decision-making in Vietnam, 1945-1968)] were completed in 1969. | |||
|facts=[https://www.ellsberg.net/ Daniel Ellsberg] helped author a top-secret government study, also known as, the [https://www.archives.gov/research/pentagon-papers Pentagon Papers]. | |||
In 1971, Ellsberg leaked portions of the report to ''[https://www.nytimes.com/ The New York Times]'' & ''[https://www.washingtonpost.com/ The Washington Post]''. | In 1971, Ellsberg leaked portions of the report to ''[https://www.nytimes.com/ The New York Times]'' & ''[https://www.washingtonpost.com/ The Washington Post]''. | ||
|procedural_history=[https://www.justice.gov/ DOJ] filed suits in New York & Washington DC seeking an injunction against further publications of leaked sections of the Pentagon Papers. The government didn't offer proof that the publications would compromise intelligence operations. | |||
The Justice Department loses in the 2 district courts in N.Y. & D.C. | |||
|issues=Are '''prior restraints''' ever permissible? | |issues=Are '''prior restraints''' ever permissible? | ||
|arguments=William O. Douglas argued that the government simply wanted to suppress the publication of embarrassing material, & there wasn't a national security risk. | |||
|holding=An injunction of further articles would be impermissible under the [[First Amendment]] (per curium). | |||
The Justice Department didn't carry its heavy burden of showing a need for a prior restraint in this case. | |||
|rule=*[[1st Amendment]]:"Congress shall make no law...abridging the...freedom...of the press..." | |rule=*[[1st Amendment]]:"Congress shall make no law...abridging the...freedom...of the press..." | ||
|comments=*"New York Times v. United States, better known as the <span style="background:cyan">“Pentagon Papers” case</span>, was a decision expanding freedom of the press." ([https://landmarkcases.c-span.org/Case/25/New-York-Times-v.-United-States C-SPAN summary]) | |comments=*"New York Times v. United States, better known as the <span style="background:cyan">“Pentagon Papers” case</span>, was a decision expanding freedom of the press." ([https://landmarkcases.c-span.org/Case/25/New-York-Times-v.-United-States C-SPAN summary]) | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/new-york-times-co-v-united-states | |link=https://www.quimbee.com/cases/new-york-times-co-v-united-states | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://supreme.justia.com/cases/federal/us/403/713/ | |link=https://supreme.justia.com/cases/federal/us/403/713/ | ||
|case_text_source=Justia | |case_text_source=Justia | ||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://landmarkcases.c-span.org/Case/25/New-York-Times-v.-United-States | |||
|case_text_source=C-SPAN video discussion | |||
}} | }} | ||
}} | }} | ||
Latest revision as of 03:40, July 14, 2023
| New York Times v. United States | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 30, 1971 |
| Appealed from | DC Circuit & 2nd Circuit (NY) |
Facts
Daniel Ellsberg helped author a top-secret government study, also known as, the Pentagon Papers. "The Pentagon Papers" (formally, History of U.S. Decision-making in Vietnam, 1945-1968) were completed in 1969.
In 1971, Ellsberg leaked portions of the report to The New York Times & The Washington Post.Procedural History
DOJ filed suits in New York & Washington DC seeking an injunction against further publications of leaked sections of the Pentagon Papers. The government didn't offer proof that the publications would compromise intelligence operations.
The Justice Department loses in the 2 district courts in N.Y. & D.C.Issues
Are prior restraints ever permissible?
Arguments
William O. Douglas argued that the government simply wanted to suppress the publication of embarrassing material, & there wasn't a national security risk.
Holding
An injunction of further articles would be impermissible under the First Amendment (per curium).
The Justice Department didn't carry its heavy burden of showing a need for a prior restraint in this case.Rule
- 1st Amendment:"Congress shall make no law...abridging the...freedom...of the press..."
Comments
- "New York Times v. United States, better known as the “Pentagon Papers” case, was a decision expanding freedom of the press." (C-SPAN summary)
