Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

New York Times Co. v. United States [The Pentagon Papers Case]

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Constitutional Law Keyed to Sullivan

View this case and other resources at:
Bloomberg Law

Citation. 403 U.S. 713, 91 S. Ct. 2140, 29 L. Ed. 2d 822, 1971 U.S.

Brief Fact Summary. The Supreme Court of the United States (Supreme Court) held that the Government failed to meet the requisite burden of proof needed to justify a prior restraint of expression when attempting to enjoin the New York Times and Washington Post from publishing contents of a classified study.

Synopsis of Rule of Law. Any system of prior restraints on expression comes to the Supreme Court bearing a heavy presumption against its invalidity. The Government “thus creates a heavy burden of showing justification for the enforcement of such a restraint.”


Facts. The United States sought to enjoin the New York Times and Washington Post from publishing contents of a confidential study about the Government’s decision making with regards to Vietnam policy. The District Court in the New York Times case and the District Court and the Court of Appeals in the Washington Post case held that the Government had not met the requisite burden justifying such a prior restraint.

Issue. Whether the United States met the heavy burden of showing justification for the enforcement of such a restraint on the New York Times and Washington Post to enjoin them from publishing contents of a classified study?

Create New Group

Casebriefs is concerned with your security, please complete the following