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NEW YORK TIMES CO. V. UNITED STATES

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by

Melonie Garcia

on 9 December 2014

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Transcript of NEW YORK TIMES CO. V. UNITED STATES

NEW YORK TIMES CO. V. UNITED STATES
THE NEW YORK TIMES CO. V. UNITED STATES
Also called the Pentagon Papers
6/3rds of a vote
The court favored New York Times
United States failed giving justification of restraint on the press
Majority Reasoning
Executive Branch wanted secrecy
The Supreme Court ruled the First Amendment protected the rights of press
The Court "heavy Presumption"
Secrecy was violation of the First Amendment
New York Times Company Vs. United States 1971
Concurrence 2
Justice White
Justice Stewart
Believe free press is the whole purpose of the First Amendment
Argue Secrecy does not exist between certain national issues
" the responsibility must be where the power is"
DISSENT
Chief Justice Warren Burger
Argued that the First Amendment
Does not protect the rights of secrecy or stolen information
Application
First Amendment - freedom of speech and press
The Court heard the majority
Classified information protected
Allowed to be published
Issue :
Did the United States meet the requirements of showing the justification to uphold the New York Times and Washington post from publishing classified information and violation of the first amendment?
Concurrence 1
Justice Black
Justice Douglas
Both believed in allowing publication of classified information
Thought it would be a violation of the First Amendment if not allowed
Not publicizing classified information then the gov takes away the security and liberty of the people
United States ordered a restraining order
Didn't want classified information to be published
Court of appeals deemed no justification or requirement met
To keep the New York Times from publishing the information gathered
Full transcript