Opinion · Supreme Court of the United States

New York Times Co. v. United States

N.Y. Times Co. v. United States, 29 L. Ed. 2d 822 (1971)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1971-06-21
Topic
general

holding that the Government had not met its “burden of showing justification” for a prior restraint on the publication of documents related to the Vietnam war | holding that the Government had not met its "burden of showing justification" for a prior restraint on the publication of documents related to the Vietnam war | holding that asserted military interests could not justify prior restraint of the press | holding that asserted military interests could not justify prior restraint of the press | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that the Motion Picture Control Act was a prior restraint when the Board of Censors had to approve movies before screening | holding that government failed to show that publication of the Pentagon Papers will clearly result in direct, immediate, and irreparable harm to the nation | holding that notwithstanding the fact that a third party had stolen the information, the press had a constitutional right to publish the Pentagon Papers because they were of public concern | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press | holding that the government had not met its burden of showing justification for imposition of a restraint on the publication of classified documents related to the Vietnam War | holding that “neither the CIA’s administrative determination nor any court order in this case constitutes a prior restraint in the traditional sense upon [the plaintiff] or any other party” | permitting publication of Pentagon Papers in face of argument of threat to relations with allies | attempting to enjoin newspapers from publishing contents of classified study regarding decision-making process on United States’ Vietnam policy | declining to enjoin newspapers from publishing the “Pentagon Papers,” despite government’s claim that doing so could threaten national security | interpreting the First Amendment to prohibit prior restraint on speech, except in extraordinary circumstances involving risks to national security and the like | dissenting opinions of Chief Justice Burger, Mr. Justice Harlan and Mr. Justice Blackmun | addressing the constitutionality of an injunction preventing the New York Times and the Washington Post from publishing the contents of a classified study | refusing to restrain third parties’ publication of classified study secured by unauthorized leak from former government employee | addressing the constitutionality of an injunction preventing the New York Times and the Washington Post from publishing the contents of a classified study | reversing the grant of an injunction precluding the New York Times and the Washington Post from publishing the Pentagon Papers, a classified study of United States involvement in Vietnam from 1945-1967 | refusing to suppress publication of papers stolen from the Pentagon by a third party | featuring the President’s attempt to secure a permanent injunction preventing the publication of the Pentagon Papers after a whistleblower covertly shared them with the news media | dissenting opinions of Chief Justice Burger, Mr. Justice Harlan and Mr. Justice Blackmun

Citator

Cited by
474 opinions
*714 Pee Curiam.

We granted certiorari in- these cases in which the United Státes seeks to enjoin the New York Times and the Washington Post .'from publishing the contents of a classified study entitled “History of U. S. Decision-Making Process on Viet Nam Policy.” Post, pp. 942, 943.

“Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 70 (1963); see also Near v. Minnesota, 283 U. S. 697 (1931). The Government “thus carries a heavy burden of showing justification for the imposition of such a restraint.” Organization for a Better Austin v. Keefe, 402 U. S. 415, 419 (1971). The District Court for the Southern District of New York in the New York Times case and the District Court for' the District of Columbia and the Court of Appeals for the District of Columbia Circuit in the Washington Post case held that the Government had not met that burden. We agree.

The judgment of the Court of Appeals for the District of Columbia Circuit is therefore affirmed. The order of the Court of Appeals for the Second Circuit is reversed and the case is remanded with directions to enter a judgment affirming the judgment of the District Court for the Southern District of New York. The stays entered June 25, 1971, by the Court are vacated. The judgments shall issue forthwith.

So ordered.