New York Times vs. The United States Taylor Atkinson

Background NY Times and Washington Post wanted to publish the classified Pentagon Papers Pentagon Papers= classified Defense Department study regarding history of U.S. activities in Vietnam Rushed through local courts Much attention and importance Argued in June 26th, 1971 Decided on June 30th, 1971

Issue Are the papers allowed to publish the Pentagon Papers with risk of government censorship? First Amendment- freedom of speech and press Rights of newspapers first amendments vs. Executive Branches responsibility to protect the nation

Decision Vote 6 for, 3 against “National security” too broad of an issue to legitimize prior restraint Publication doesn’t cause “inevitable, direct, or immediate event imperiling safety of forces”

Other Cases Spring 2000 Texas court ruled Associated Press couldn’t publish a article about a state- guaranteed loan to a Texas shrimp farm Lawyers referred to NY Times vs. U.S. Judge lifted the order First Amendment very important Preferred Position- approaches limiting 1st Amendment skeptically