new york times v united states ap gov
President Richard Nixon used his executive authority to prevent the New York Times from publishing top secret documents pertaining to U.S. involvement in the Vietnam War. On public questions there should be "uninhibited, robust, and wide-open" debate. * In 1971, the New York Times and the Washington Post attempted to publish the contents of a classified study, entitled “History of U.S. The bulk of these statutes is found in chapter 37 of U.S.C., Title 18, entitled Espionage and Censorship. Footnote 1 Justice Brennan differed in his concurrence, stating while the First Amendment acts as an absolute bar in the present case, this may not be the case for a temporary prevention of publishing information in the interest of national security, or if one of the exceptions established in Near v. Minnesota applies. 249 Footnote 9 The briefs of the parties were received less than two hours before argument on June 26. 793 states in 1 (b) that: So any power that the Government possesses must come from its "inherent power.". 379 [s]hall be fined not more than $10,000 or imprisoned not more than ten years, or both." In his concurrence, Justice Douglas noted that secrecy in government is undemocratic, as is the government’s attempt to kept relevant information out of the public debate surrounding the Vietnam War. 343 It seems reasonably clear now that the haste precluded reasonable and deliberate judicial treatment of these cases and was not warranted. Citations are generated automatically from bibliographic data as or by imprisonment . 1970. 6. See, for example, Near v. Minnesota, Seemingly, once publication started, the material could not be made public fast enough. The relative novelty of the questions presented, the necessary haste with which decisions were reached, the magnitude of the interests asserted, and the fact that all the parties have concentrated their arguments upon the question whether permanent restraints were proper may have justified at least some of the restraints heretofore imposed in these cases. In revealing the workings of government that led to the Vietnam war, the newspapers nobly did precisely that which the Founders hoped and trusted they would do. It may well be that if these cases were allowed to develop as they should be developed, and to be tried as lawyers should try them and as courts should hear them, free of pressure and panic and sensationalism, other light would be shed on the situation and contrary considerations, for me, might prevail. The prompt In the area of basic national defense the frequent need for absolute secrecy is, of course, self-evident. . 1885. Youngstown Sheet & Tube Co. v. Sawyer, U.S. Reports: New York Times Co. v. United States, 403 U.S. 713. [403 Therefore, the New York Times and the Washington Post were protected by the First Amendment and were allowed to publish the contents of the classified study. None of it is more recent than 1968. So here, publication has already begun and a substantial part of the threatened damage has already occurred. not more than $10,000 or imprisoned not more than ten years, or both.". No. [ Footnote 2 Would it have been unreasonable, since the newspaper could anticipate the Government's objections to release of secret material, to give the Government an opportunity to review the entire collection and determine whether agreement could be reached on publication? The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the "heavy burden of showing justification for the enforcement of such a [prior] restraint.". Section 798 relating to cryptography applies to whoever: "communicates, furnishes, transmits, or otherwise makes available . Section 793 (e) I join MR. JUSTICE HARLAN in his dissent. 390, prohibits the making of any sketch or other representation of military installations or any military equipment located on any military U.S. 713, 763] President of the United States possesses vastly greater constitutional independence in these two vital areas of power than does, say, a prime minister of a country with a parliamentary from of government. 3. I agree generally with MR. JUSTICE HARLAN and MR. JUSTICE BLACKMUN but I am not prepared to reach the merits. Facts. properly not discussed in today's opinions.
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