NY+Times+v+US


 * __New York Times vs. The United States of America __** June 30, 1971

A Case Involving: __First Amendment freedoms of the press v. National Security__


 * //Background //**: After the controversial Pentagon Papers, documents that revealed the government had lied about the Vietnam war were released, the New York Times and Washington Post began to publish news about them. The Nixon Administration attempted to stop the newspaper companies from releasing any information claiming it was “confidential”.


 * //Main Issue Presented to the Court //**: Does President Nixon’s effort to prevent the publication of this “classified” information violated the First Amendment?

__Cases before the Court: __ *New York Times: Presented the case that preventing the publication of this material is against the Freedom of Speech and Freedom of Press

*Nixon’s Administration: Presented the case that restraint is necessary to protect national security.

 Reasoning: The government does not have the authority to restrain the press in the case. Publishing this information will not directly harm or imperil U.S. forces. Also the First Amendment to the Constitution clearly reads “Congress shall make no law…abridging the freedom of speech or of the press.” This leaves no room for government restraint
 * Majority Decision **: (6 Supreme Court Justices): In favor of New York Times company

 Reasoning: The Executive branch has the constitutional right to withhold information for national security. Also, not all the facts were known to the court before reaching the decision. The publishers should’ve come together with the U.S. government first, and only released information that the government deemed was not a threat to national security.
 * Dissenting Opinion ** (3 Supreme Court Justices including Chief Justice Burger): In favor of Nixon’s Administration

<span style="font-family: Arial,sans-serif; font-size: 10pt;">Sources: <span style="font-family: Arial,sans-serif; font-size: 10pt;">[] <span style="font-family: Arial,sans-serif; font-size: 10pt;">[]