Background
What were the sides?
New York Times (Neil Sheehan) and United States
Which side did they rule in favor of?
New York Times
This case defended the First Amendment right of free press and established a “heavy presumption against __________,” even in cases involving national security.
Prior restraint
What act did the New York Times violate? (Hint: also violated in Schenck v US)
The Espionage Act of 1917
What war was the pentagon papers about?
Vietnam War
Why was this court case significant?
It defended the First Amendment right of free press and established a “heavy presumption against prior restraint,” even in cases involving national security.
The Supreme Court granted the New York Times appeal to the Supreme Court
Writ of certiorari
What is the Espionage Act of 1917?
prohibits obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation.
What is the nickname for the case?
Pentagon Papers case
How was it brought to the Supreme Court?
petition/writ of certiorari
The 3 Justices Burger, John Harlan and Blackmun disagreed with the majority decision, what vocabulary term is this an example of?
Dissenting opinion
What other news network got ahold of the pentagon papers?
The Washington Post
When did the case occur? (year)
1971
What was the Ruling of the Supreme Court (Numbers)?
6,3
the Times made an emergency appeal to the Supreme Court. What is this called?
Petition of certiorari
What was the New York Times' argument?
New York Times argued that the framers gave the press the protection it must have to fulfill its essential role in our democracy.
Congress never made laws prohibiting the freedom of the press in the name of national security and presidential power.
The newspaper was not intended to hurt the U.S. Instead, it published the information to help the country, by informing citizens about their government’s actions on important public issues.
What happened?
The New York Times published the first chapter of the Pentagon Papers. The administration of President Richard Nixon then issued federal injunctions against publishing the remainder of the Pentagon Papers to both the New York Times and the Washington Post
Who was the Chief Justice during the case?
Warren E. Burger
Only four days after hearing oral arguments, the Supreme Court ruled, 6,3, for the newspapers. The Court issued a short majority opinion not publicly attributed to any justice. What vocabulary term is this an example of?
Per Curiam
What was the United States' argument?
The courts should refrain from passing judgement on the executive branch’s assessment of national security and foreign affairs.
The executive branch must be given authority to restrict publication of information that can harm U.S. national security,
The newspapers knew they were publishing sensitive information that was obtained illegally.
It would have been reasonable to let the government review the material to determine whether some sections should be published or not