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New York Times V. United States

MVT AP GOV
by

Zachary Hunt

on 12 December 2013

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Transcript of New York Times V. United States


vs.
UNITED STATES
Supreme Court Case
Argued June 26, 1971 -
Decided June 30, 1971

(ONLY 4 Days)
Problem
"Should the U.S. be involved in the Vietnam War?" was a question that many Americans had in their minds. That led to Robert McNamara, U.S. Secretary of Defense, to create a report called "History of U.S. Decision-Making on Vietnam Policy",( aka Pentagon Papers). Daniel Ellisberg helped prepare this 47 volume report. He thought the American citizens deserved to know why the government had involved the U.S. in the war and he later released 18 volumes of the Pentagon Papers to the New York Times, some were even filed top secret. The government did not want the papers to be available to the public, so they filed a report stopping the printing of the Pentagon Papers. This case would eventually be solved in the Supreme Court in 1971.

The New York Times argued that not being allowed to publish the articles violated the First Amendment : Freedom of Press.
Argument
New York Times
Petitioner: New York Times Company( as well as Washington Post)

Respondent: United States of America

Chief Justice: Warren Burger

Chief Lawyer for Petitioner: Alexander Bickel

Chief Lawyer for Respondent: Erwin
Griswold, U.S. Solicitor General
The Supreme Court decided with a 6-3 vote that the government cannot restrain the New York Times from publishing the Pentagon Papers.
Ellisberg, on the other hand.
The Supreme Court
PEOPLE
vs
Key Terms
is the imposition of a restraint on the publication of information before the information is published.

Prior Restraint -
Court Decision
The Pentagon Papers case is an important precedent in support of freedom of the press under the First Amendment.

Precedent Created
Rational
WORK CITED
http://law.jrank.org/pages/8804/New-York-Times-Co-v-United-States.html
http://www.oyez.org/cases/1970-1979/1970/1970_1873
"Since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified."
In a brief opinion the whole Court noted that the government "carries a heavy burden of showing justification for the imposition of such a restraint" and stated that the government had failed to meet that burden.

Or as said by Justice Brennan
http://law.jrank.org/pages/23260/New-York-Times-Company-v-United-States-Government-Thwarts-Own-Prosecution-Ellsberg.html
was charged with stealing the Pentagon Papers and spying.
Ellsberg faced a possible 105 years in prison and $110,000 in fines if convicted.
Then, after 26 April there were further revelations that the government had been conducting more illegal wiretaps of Ellsberg's conversations than had previously been admitted. In disgust, Judge William Matthew Byrne dismissed the entire criminal prosecution against Ellsberg and Russo on 11 May 1973.


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Full transcript