40. New York Times v. United States, 403 U.S. 713 (1971), was a United States Supreme Court per curiam decision. These cases forcefully call to mind the wise admonition of Mr. Justice Holmes, dissenting in Northern Securities Co. v. United States, 193 U. S. 197, 193 U. S. 400-401 (1904): "Great cases, like hard cases, make bad law. The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation which limits free speech or freedom of the press. In 1931 the Court wrote that only the narrowest circumstances—such as publication of the dates of departure of ships during wartime—were permissibly restrained. Zacchini v. Scripps-Howard Broadcasting Co. Joint Anti-Fascist Refugee Committee v. McGrath. New York Times Co. v. Sullivan, legal case in which, on March 9, 1964, the U.S. Supreme Court ruled unanimously (9–0) that, for a libel suit to be successful, the complainant must prove that the offending statement was made with “ ‘actual malice’—that is, with knowledge that it was false or with New York Times Co., 444 F.2d 544, decided June 23, 1971, and any such additional items as the United States may have specified with particularity by 5:00 p. m. today, June 25, 1971. Alexander Mordecai Bickel (1924–1974) was an American legal scholar and expert on the United States Constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools. They are also commonly issued when the crime involves minors or is sexual in nature. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press. Fast Facts: New York Times Co. v. United States Case Argued: June 26, 1971 Decision Issued: June 30, 1971 Petitioner: New York Times Company Respondent: Eric Griswold, Solicitor General for the United States Key Questions: Did the Nixon Administration violate freedom of the press under the … He provides an overview of important free speech case law, including U.S. Supreme Court opinions in Schenck v. United States (1919), Whitney v. California (1927), United States v. Schwimmer (1929), New York Times Co. v. Sullivan (1964), and New York Times Co. v. United States (1971). It is in contrast to censorship which establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place. v. Mergens. Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), was a landmark Supreme Court of the United States decision in which the Court held unconstitutional prior restraints on media coverage during criminal trials. , By 1971, the United States, although never having declared war, had been engaged in a war with North Vietnam for six years. Hugo Lafayette Black was an American lawyer, politician, and jurist who served as a U.S. The Framers of the First Amendment, fully aware of both the need to defend a new nation and the abuses of the English and Colonial governments, sought to give this new society strength and security by providing that freedom of speech, press, religion, and assembly should not be abridged. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security... . He served in the U.S. Army from 1959 to 1962, when he was assigned to Korea, and then transferred to Tokyo, where he did work moonlighting in the Tokyo bureau of United Press International (UPI). John Marshall Harlan was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1955 to 1971. v. Doyle. A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. American law as prescribed in the leading case of New York Times Co. v. Sullivan makes it very difficult, if not impossible, for a public official to prevail and obtain damages for libel or slander. Security also lies in the value of our free institutions. The Times refused to cease publication. A cantankerous press, an obstinate press, a ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know." Having gained a reputation in the Senate as a reformer, Black was nominated to the Supreme Court by President Roosevelt and confirmed by the Senate by a vote of 63 to 16. This reinforced the idea that it was the Nixon Administration's responsibility to show sufficient evidence that the newspapers' actions would cause a "grave and irreparable" danger. Was each article about foreign policy one "relating to the national defense"? The clause states that members of both Houses of Congress. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government See the 1804 Letter to Abigail Adams quoted in Dennis v. United States, 341 U.S. 494, 522, n. 4 (concurring opinion). in history (cum laude) in 1958. [ citation needed ], The New York Times agreed to abide by the restraining order and on June 19, Judge Gurfein rejected the administration's request for an injunction, writing that "[t]he security of the Nation is not at the ramparts alone. He was the first of nine Roosevelt nominees to the Court, and he outlasted all except for William O. Douglas. No. First, the wording of the statute was very broad. v. SULLIVAN. New York Times Co. v. Sullivan, 376 U.S. 254, 279-80, 84 S. Ct. 710, 11 L. Ed. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case". Hess asked for a temporary restraining order. In addition to The New York Times Company, the Justice Department named the following defendants: Arthur Ochs Sulzberger, president and publisher; Harding Bancroft and Ivan Veit, executive vice presidents; Francis Cox, James Goodale, Sydney Gruson, Walter Mattson, John McCabe, John Mortimer and James Reston, vice presidents; John B. Oakes, editorial page editor; A. M. Rosenthal, managing editor; Daniel Schwarz, Sunday editor; Clifton Daniel and Tom Wicker, associate editors; Gerald Gold and Allan M. Siegal, assistant foreign editors; Neil Sheehan, Hedrick Smith, E. W. Kenworthy and Fox Butterfield, reporters; and Samuel Abt, a foreign desk copy editor. Live news, investigations, opinion, photos and video by the journalists of The New York Times from more than 150 countries around the world. of Disciplinary Counsel of Supreme Court of Ohio, Posadas de Puerto Rico Assoc. April 6, 1964. , The black article appeared in the Times' Sunday edition, on June 13, 1971. The press was to serve the governed, not the governors. The Pentagon Papers, officially titled Report of the Office of the Secretary of Defense Vietnam Task Force, is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 1945 to 1967. Tuition Org. The Chief Justice did not argue that the Government had met the aforementioned standard, but rather that the decision should not have been made so hastily. ... [W]e are asked to hold that ... the Executive Branch, the Congress, and the Judiciary can make laws ... abridging freedom of the press in the name of 'national security.' Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations, Virginia State Pharmacy Bd. Michael Hess, chief of the Civil Division of the United States Attorneys Office, argued "serious injuries are being inflicted on our foreign relations, to the benefit of other nations opposed to our foreign relations, to the benefit of other nations opposed to our form of government." Cancel anytime. Murray Irwin Gurfein was a United States Circuit Judge of the United States Court of Appeals for the Second Circuit and prior to that a United States District Judge of the United States District Court for the Southern District of New York. v. Grumet, Arizona Christian Sch. Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. In both cases the court affirmed the right of local governments to engage in some form of censorship. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. Senator from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. No. U.S. Civil Service Comm'n v. National Ass'n of Letter Carriers, Mutual Film Corp. v. Industrial Comm'n of Ohio. Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections. ...shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint. The word 'security' is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The First Amendment states that no federal law can be made abridging the freedom of the press, but a few landmark cases in the 20th century had established precedents creating exceptions to that rule, among them the "clear and present danger" test first articulated by Justice Oliver Wendell Holmes Jr. in Schenck v. United States . In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. McNamara appointed Leslie Gelb, who was also director of Policy Planning and A… He argued that in the haste of the proceedings, and given the size of the documents, the Court was unable to gather enough information to make a decision. The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the "heavy burden of showing justification for the enforcement of such a [prior] restraint. 990, was a lawsuit brought against The Progressive magazine by the United States Department of Energy (DOE) in 1979. The Supreme Court held that news publications could not be liable for libel to public … President Richard Nixon used his executive authority to prevent the New York Times from publishing top secret documents pertaining to U.S. involvement in the Vietnam War. Gurfein granted the request and set a hearing for June 18. CS1 maint: multiple names: authors list (.  However, the Court of Appeals, after an en banc hearing, granted an injunction until June 25. What was the significance of "reason to believe" that the Pentagon Papers "could be used to the injury of the United States or the advantage of any foreign nation"? of Wisconsin System v. Southworth, Regan v. Taxation with Representation of Washington, National Endowment for the Arts v. Finley, Walker v. Texas Div., Sons of Confederate Veterans, West Virginia State Board of Education v. Barnette. , Justice John M. Harlan and Justice Harry A. Blackmun joined Burger in arguing the faults in the proceedings, and the lack of attention towards national security and the rights of the Executive. , Based on this language, Alexander Bickel and Floyd Abrams felt there were three preliminary arguments to raise. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. His series of articles revealed a secret United States Department of Defense history of the Vietnam War and led to a US Supreme Court case, New York Times Co. v. United States, 403 U.S. 713 (1971), when the United States government failed to halt publication. Born in Holyoke, Masechussets and raised on a dairy farm nearby, Sheehan graduated from Mount Hermon School (later Northfield Mount Hermon) and Harvard University with a B.A. The decision then stated that the government "thus carries a heavy burden of showing justification for the imposition of such a restraint". , The government sought a restraining order that prevented the Times from posting any further articles based upon the Pentagon Papers. There was Supreme Court precedent that lent support to the idea that bans on the publication of information by the press to be unconstitutional. New York Times Co. v. Tasini, 533 U.S. 483 (2001), is a leading decision by the United States Supreme Court on the issue of copyright in the contents of a newspaper database. Bickel responded that Gurfein would be the first judge in American history to enter a prior restraint enjoining publication of news if he granted the government's request. Over the years the Supreme Court has disagreed on the limits that can be placed on the 1st Amendment … The question before the court was whether the constitutional freedom of the press, guaranteed by the First Amendment, was subordinate to a claimed need of the executive branch of government to maintain the secrecy of information. Start studying New York Times Co. v. U.S. (1971). , Justice William J. Brennan, Jr., wrote separately to explain that the publication of the documents did not qualify as one of the three exceptions to the freedom of expression established in Near v. Minnesota (1931). Justice Hugo Black wrote an opinion that elaborated on his view of the absolute superiority of the First Amendment: [T]he injunction against The New York Times should have been vacated without oral argument when the cases were first presented... .  In its decision, the court first established the legal question with the use of precedents. The New York Times (NYT or NY Times) is an American daily newspaper based in New York City with a worldwide influence and readership.  Hess relied on Secretary of State William P. Rogers's statement reported earlier that day that a number of nations were concerned about the Papers publication and an affidavit from the general counsel of the Navy that alleged irreparable injury if publication did not cease. Said Appendix as supplemented shall be served on respondent Washington Post and filed in this Court at that time. A temporary injunction was granted against The Progressive to prevent the publication of an article written by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. [ citation needed ]. v. Winn, Westside Community Board of Ed.  That day, Assistant U.S. Attorney General William Rehnquist asked the Post to cease publication. By: The Supreme Court of the United States Narrated by: uncredited Free with a 30-day trial $14.95 a month after 30 days. At this point, about 58,000 American soldiers had died and the government was facing widespread dissent from large portions of the American public. The most recent incarnation of the exception was the grave and probable danger rule, established in Dennis v. United States , 341 U.S. 494 (1951). Tinker v. Des Moines Ind. In 1907 Oliver Wendell Holmes wrote the "main purpose" of the First Amendment was "to prevent all such previous restraints upon publications as had been practiced by other governments." Of equal importance was what the statute did not say: No references to "publication" (as Attorney General Mitchell's cease-and-desist order referenced), no reference to classified information, and no support for Mitchell's reliance on the top secret classification to justify restraint on publication. The press was protected so that it could bare the secrets of government and inform the people. District Court for the Southern District of New York, District Court for the District of Columbia, List of United States Supreme Court cases, volume 403, public domain material from this U.S government document, "Behind the Race to Publish the Top-Secret Pentagon Papers", "Court Here Refuses to Order Return of Documents Now", Court Here Refuses to Order Return of Documents Now, "Top Secret: Battle for the Pentagon Papers", General case background. The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. is a New Hampshire Supreme Court case in which Mortgage Specialists, a mortgage lender, sought to obtain the identity of an anonymous source who provided Implode-Explode Heavy Industries (Implode), a website monitoring risky lenders, with a confidential document detailing Mortgage Specialists' loan practices. , Chief Justice Warren E. Burger, dissenting, argued that when "the imperative of a free and unfettered press comes into collision with another imperative, the effective functioning of a complex modern government", there should be a detailed study on the effects of these actions. Lebron v. National Railroad Passenger Corp. First National Bank of Boston v. Bellotti, Citizens Against Rent Control v. City of Berkeley, Colorado Republican Federal Campaign Committee v. FEC, Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, American Tradition Partnership v. Bullock, Brown v. Socialist Workers '74 Campaign Committee, Manhattan Community Access Corp. v. Halleck, Landmark Communications, Inc. v. Virginia, Minneapolis Star Tribune Co. v. Commissioner, Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler. However, in areas of national defense and international affairs, the President possesses great constitutional independence that is virtually unchecked by the Legislative and Judicial branch. Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton. , Justice Thurgood Marshall argued that the term "national security" was too broad to legitimize prior restraint, and also argued that it is not the Court's job to create laws where the Congress had not spoken. [ citation needed ], Bickel argued that the separation of powers barred the court from issuing the restraining order since there was no statute authorizing such relief. ... To find that the President has 'inherent power' to halt the publication of news ... would wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make 'secure.' Includes audio of the oral arguments, Landmark Cases: Historic Supreme Court Decisions, Board of Trustees of Scarsdale v. McCreary, American Legion v. American Humanist Ass'n, Walz v. Tax Comm'n of the City of New York, Board of Ed. A 1996 article in The New York Times said that the Pentagon Papers had demonstrated, among other things, that the Johnson Administration had "systematically lied, not only to the public but also to Congress.". The purpose of this statement was to make the presence of the inherent conflict between the Government's efforts and the First Amendment clear. of Kiryas Joel Village School Dist. The study was commissioned in 1967 by Robert McNamara, then Secretary of Defense. If the motivation was to educate the public, was that a defense that served to help, not hinder, the country? The Supreme Court was therefore charged with determining if the Government had sufficiently met the "burden of showing justification for the imposition of such a restraint". The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment. In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense … The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax. The Speech or Debate Clause is a clause in the United States Constitution. 2d 686 (1964); St. Amant v. ... Mr. Peterson claims that the United States Supreme Court in New York Times held that a communication concerning a public official, in order to be privileged by virtue of the official's status, must relate to official conduct. In 1931 the Court wrote that only the narrowest circumstances—such as publication of the dates of departure of ships during wartime—were permissibly restrained. Community School Dist. . After the paper refused, Rehnquist sought an injunction in the District Court for the District of Columbia, but Judge Gerhard Gesell rejected the government's request, as did the Court of Appeals for the DC Circuit. Mortgage Specialists also sought to prohibit the republication of the document and learn the identity of an anonymous individual who allegedly defamed Mortgage Specialists on Implode's website. , Justice William O. Douglas largely concurred with Black, arguing that the need for a free press as a check on government prevents any governmental restraint on the press. Decision-Making Process on the Vietnam Policy." He also argued that the Times should have discussed the possible societal repercussions with the Government prior to publication of the material. During this case, the wording was changed to the grave and irreparable danger standard. Givhan v. Western Line Consol. United States v. Playboy Entertainment Group, Inc. American Booksellers Foundation for Free Expression v. Strickland, Board of Airport Commissioners v. Jews for Jesus, Clark v. Community for Creative Non-Violence, Barr v. American Association of Political Consultants, Schenck v. Pro-Choice Network of Western New York, Perry Education Association v. Perry Local Educators' Association, West Virginia State Board of Ed. But this distinction was eliminated with the adoption of the Fourteenth Amendment and the application to the States of the First Amendment's restrictions. New York Times v. United States MR. JUSTICE HARLAN, with whom THE CHIEF JUSTICE and MR. JUSTICE BLACKMUN join, dissenting. Mt. Comm'n, Zauderer v. Off. v. Virginia Citizens Consumer Council, Linmark Assoc., Inc. v. Township of Willingboro, Central Hudson Gas & Electric Corp. v. Public Service Commission, Consol. Cornelius Mahoney "Neil" Sheehan is an American journalist. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure. The motion of respondent for the apportionment of printing costs and fees is denied. School Dist. Lamb's Chapel v. Center Moriches Union Free School Dist. New York Times Co. v. United States. By the following Tuesday, the Times received an order to cease further publication from a District Court judge, at the request of the administration. Ante, p. 254. Section 793 of the Espionage Act was cited by Attorney General John N. Mitchell as cause for the United States to bar further publication of stories based upon the Pentagon Papers . Healthy City School Dist. NEW YORK TIMES CO. v. SULLIVAN and ABERBATHY ET AL. . Edison Co. v. Public Serv. The U.S. government sought to prevent the New York Times and the Washington Post from publishing articles based on the Pentagon Papers, a leaked classified report on the U.S. role in Indochina, under Section … It first stated that "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity". The statute was spread over three pages of the United States Code Annotated and the only part that appeared to apply to the Times was 793(e), which made it criminal for: Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it [shall be fined under this title or imprisoned not more than ten years, or both]. Case Summary and Outcome. The idea behind the numerous versions of the rule is that if a certain message will likely cause a "grave and irreparable" danger to the American public when expressed, then the message's prior restraint could be considered an acceptable infringement of civil liberties. Decision. New York Times Co. v. United States (1971) Cite. Sorted by Relevance | Sort by Date. Supreme Court of United States. Mortgage Specialists disputed Implode's status as a news organization, claiming that it should not be afforded the rights of a news organization under the First Amendment to the U.S. Constitution and Part I, Article 22 of the New Hampshire Constitution. United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland, 467 F. Supp. This principle was applied to free speech generally in subsequent jurisprudence. Both involved the issue of limits on freedom of expression in connection with motion pictures. New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the US Supreme Court on the First Amendment.  This inconsistency between the courts of appeal led the Supreme Court to hear the case. Often referred to as the “Pentagon Papers” case, the landmark Supreme Court decision in New York Times Co. v. United States, 403 U.S. 713 (1971), defended the First Amendment right of free press against prior restraint by the government. In 1969 John Marshall Harlan II wrote that the Supreme Court "rejected all manner of prior restraint on publication." This page was last edited on 20 June 2011, at 14:27.  , Federal judge Murray Gurfein heard arguments in the District Court for the Southern District of New York. , Justices Potter Stewart and Byron R. White agreed that it is the responsibility of the Executive to ensure national security through the protection of its information. 39. Additionally, there was no statutory language providing authority for prior restraint on publication at all. 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