NY Times v. US

NY Times v. US

Year:Decided on June,30,1971

Results:6 votes NY Times, 3 votes against, in favor of NY Times

Constitutional Issue:The freedom of speech,press,and assembly under the 1st amendment.

Significance:Because there was a lack of evidence and Nixon couldn't prove that the "Pentagon Papers" were truly a threat to nation security, the court deemed that US couldn't exercise prior restraint on NY Times.

Quote from Majority Opinion:Justice Black wrote, "In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government."

Dissent:Justice Burger argued that the NY Times should have told the possible problem that would occur with the Government prior to publication of the material.

6 Word Summary:Prior restraint not held, lacking evidence