Essay/Term paper: New york times co. v. united states

Essay, term paper, research paper:  Humanities

The New York

Times printed allegedly classified documents that leaked from the Pentagon

about the war in Vietnam. A 47 volume classified history of the American involvement

in Vietnam was distributed to the Times and, later, the Post by Daniel Ellsberg,

a minor writer in the Pentagon Papers. The Times published these papers bit

by bit until the Nixon administration sought an injunction on the Times to

stop publication. The Supreme Court found that the First Amendment did not

permit an injunction against the Times.



The issue here is weather or not

the First Amendment applies to federal papers, and weather prior restraint

is unconstitutional. Also, can the government seek an injunction on a press

to halt publication of such documents, even in cases of national security.





The Supreme Court Ruled 6-3 in favor of the New York Times, saying that

the First Amendment did not permit an injunction against the press. The Court

found that the Government did not relieve their "Heavy Burden" of proof to

justify the injunction based on prior restraint. This verdict was reached

June 25, 1971. A heavy burden of proof is placed on the government whenever

there is grounds for prior restraint. Is this burden is not sufficiently substantiated,

then and injunction cannot be issued.



The First Amendment protects the

rights of individuals and the press to communicate freely. The U.S. has the

right to halt any publication that they deem harmful, if and only if, they

show enough evidence to support their injunction, and meet their "Heavy Burden"

of proof imposed upon them by the courts.