New York Times Co. v.

US

403 U.S. 713 June 30, 1971

Facts: The United States sought to enjoin the New York Times and Washington Post from publishing contents of a confidential study
known as the “Pentagon Papers” regarding the history of the United States activities in Vietnam. The District Court and the CA in the
Washington Post case held that the Government had not met the requisite burden justifying such prior restraint.

Issue: Whether or not the US met the heavy burden of showing justification for the enforcement of such restraint on the New
York Times and Washington Post to enjoin them from publishing contents of a classified study?

Ruling: No, the US did not met the heavy burden of showing justification for the enforcement of such restraint on the New
York Times and Washington Post.

The Court held that the government did not overcome the heavy presumption against prior restraint of the press in this case. Justice
Black and Douglas argued that the vague word “security” should not be used to abrogate the fundamental law embodied in the First
Amendment. Justice Brenan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling
the safety of American forces, prior restraint is unjustified.