New York Times Co. v US
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School
Eastfield College *
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Course
46400
Subject
History
Date
Dec 6, 2023
Type
Pages
2
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In your own words, provide the following information:
New York Times Co. v. US
Background
In 1970, analyst Daniel Ellsberg leaked a top-secret history of US
involvement in Vietnam to the New York Times. This document, known
as the Pentagon Papers, showed that President Lyndon Johnson (who had
left office in 1969) had lied to Congress and the American people about
the extent of US military action in Southeast Asia. In 1971, the New York
Times published the first chapter of the Pentagon Papers. The
administration of President Richard Nixon then issued federal injunctions
against publishing the remainder of the Pentagon Papers to both the New
York Times and the Washington Post. The federal government argued that
the publication of the top-secret history would imperil national security.
One important point about the New York Times case, however, was that
the federal government was seeking to prevent publication of a document,
as opposed to seeking legal consequences after its publication.
Facts
In the so-called "Defense Department Papers Case," the Nixon
administration attempted to prevent the New York Times and Washington
Post from publishing materials on classified Pentagon research into the
history of U.S. activity in Vietnam. The president argued that prior
restraint was necessary to protect national security. This action was
decided in connection with the United States v. The Washington Post.
Constitutional
Question/Issue
Did the Nixon administration's efforts to block the release of so-called
"classified information" violate the First Amendment to the US
Constitution?
Decision
The court ruled in The New York Times v. United States, 6 to 3, that prior
restraint was unconstitutional. A majority of the judges disagreed on
several key issues but agreed that "only a free and unrestricted press can
effectively expose government deception...".
Significance/
Precedence
Defended the right to freedom of the press under the First Amendment
against previous government restrictions.
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