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New York Times v. United States
1
On June 26, 1971, the case was heard.
Justices with dissenting opinion
Justices who voted with the majority
Decision
- Warren E. Burger
- John M. Harlan
- Harry A. Blackmun
Potter Stewart
The decision was 6-3 ruling on the side of The New York Times.
The major justification for the majority decision was that the United States did not have enough of a reason to issue prior restraint
The concurring justification was that The NY Times has the right to freedom of press.
- Hugo Black
- William O. Douglas
- William J. Brennan, Jr.
- Potter Stewart
- Byron R. White
- Thurgood Marshall
Warren E. Burger Court of 1970-1971
Decision
Warren E. Burger
Chief Justice
Thurgood Marshall
The dissenting opinion argued that The NY Times didn’t think of national security or the possible repercussions of publishing the Pentagon Papers.
Hugo Black
And on June 30, 1971 the case was decided.
John M. Harlan
Byron R. White
Harry A. Blackmun
William J. Brennan, Jr.
In Conclusion
William O. Douglas
The courts determined that prior restraint cannot be used unless there is sufficient proof of “grave and irreparable” danger to the United States.
In society
According to this case, newspapers and Americans have the right to publish what they want as long as there is nothing detrimental to the United States or a matter of national security.
They saw no reason why the Pentagon Papers could be seen as espionage and they thought that it should have been public knowledge.
Connected Cases
Background
Richard Nixon
Edward Snowden published NSA surveillance information, which has caused the United States to charge him with espionage. Like Daniel Ellsberg he wanted the actions of the government to be revealed. The articles from Snowden were also published by The NY Times.
- Whistleblower journalist Daniel Ellsberg released the Pentagon Papers in The New York Times on June 13, 1971.
- The Nixon administration tried to prevent them being released because they dealt with activity in Vietnam.
- The papers revealed that the U.S. enlarged the war by bombing areas of Cambodia and Laos.