1. New York Times vs. The United States
Taylor Atkinson

2. 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

3. 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

4. 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”

5. 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