Acts and Amendments
What amendment was this case centered around?
1st Amendment
How many judges were on the majority?
6
Who was president during this case?
Richard Nixon
What is prior restraint?
government actions that prevent material from being published.
What part of the 1st Amendment was argued?
Freedom of the press
What was the main reasoning for the minority ruling against New York Times, and in favor of the government?
The case had been rushed/ the case needed to be considered for a longer period of time considering the possible consequences.
Name one justice arguing for the majority opinion.
Justices Black, Douglas, Brennan, Stewart, White, and Marshall
What freedom listed under the 1st Amendment is correlated with New York Times v. United States.
Freedom of the press.
What act did the U.S. use to argue their use of prior restraint?
Espionage Act
What did the majority judges believe that the government had not met in order to enforce prior restraint.
The government had not met the heavy burden of showing justification.
Who wrote the majority opinion?
No one person wrote it, it was a per curiam decision meaning written as a whole.
What are the 5 freedoms guaranteed by the First Amendment?
freedom of religion, press, speech, assembly, and petition.
What implied power did Nixon attempt to use in order to attempt to stop the printing of the Pentagon Papers?
Prior Restraint
What was the main reason as to why this ruling was important?
It defended freedom of the press
Who leaked the Pentagon Papers?
Daniel Ellsberg
What is the clear and present danger test used for?
To determine if speech can be limited under the First Amendment.
When was the Espionage Act first used?
Shortly after the U.S. entered World War I.
What were the names of the 3 judges who were on the minority?
Justices Burger, Harlan II, and Blackmun
Who was the secretary of defense who ordered the investigation?
Robert McNamara
What year was the case that established the clear and present danger test decided?
1919