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New York Times VS. United States (1971)
7
Transcript
New York Times VS. United States (1971)
Significance
Background
Decision (6-3)
- The issue brought up in this case was whether the First Amendment rights were violated.
- By publishing these documents, the New York Times and Washington Post may have exposed the US and caused the country to be diplomatically insecure.
- The Court had to decide whether the First Amendment rights applied to this case considering the circumstances of an undeclared war.
References
- The Supreme Court ruled the case 6-3 that the restraint was unconstitutional.
- Majority (6): Justices Black and Douglas scorned the US executive branch, stating that it clearly went against the First Amendment, by not allowing the companies to publish the paper.
- Dissenting (3): Justice Burger wrote that "the First Amendment right itself is not absolute." He noted that since the documents were illegally stolen in the first place, they are not protected by the First Amendment. Also, by not speaking with the government beforehand, the companies had violated the executive branch's powers in the Constitution.
- At the time (1971), there were tensions in an upcoming war in Vietnam. The New York Times had gotten access to a secret document, "History of U.S. Decision Making Process on Viet Nam Policy" from Daniel Ellsberg. This document was also known as "The Pentagon Papers."
- June 13, 1971: the New York Times began publishing articles relating to this secret document. However, the next day, the US put a restraining order on the company's actions until June 19.
- Ellsberg then sent the secret document to the Washington Post. When the Washington Post also started publishing the documents, the US sought an injunction, but was refused.
- The government then appealed the case to the Supreme Court along with The New York Times case.
Other Cases Affected
- http://www.4lawschool.com/conlaw/newyork.shtml
- http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-landmark-supreme-court-cases/ny-times-v-us/
- http://billofrightsinstitute.org/resources/educator-resources/lessons-plans/landmark-cases-and-the-constitution/new-york-times-v-the-united-states-1971/
- When the Supreme Court was deciding, they referred back to the 1931 case of Near vs. Minnesota.
- This case was referred to in 2000, when American Press was told not to publish article relating to a state-guaranteed loan to a Texas shrimp farm.
Lasting Effect
- This case favored the First Amendment right to freedom of press. This has significantly paved the road for its broad use in the future.
- It also showed how powerful the rights granted to the US citizens are. In this case, it was able to overpower the government.
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