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New York Times v. United States: Difference between revisions
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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. | |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? | ||
|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..." | ||
Revision as of 18:33, March 2, 2023
| New York Times v. United States | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 30, 1971 |
| Appealed from | DC Circuit |
Facts
Daniel Ellsberg helped author a top-secret government study, also known as, the Pentagon Papers.
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?
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)
