New York Times v. United States

Burger CourtFree Speech & Religion

The Court refused to block publication of the Pentagon Papers, rejecting prior restraint on the press.

Overview

The New York Times and Washington Post published a classified Defense Department history of the Vietnam War. The Nixon administration sought injunctions, arguing that publication endangered national security. The Court, in a brief per curiam decision with nine separate opinions, refused to enjoin publication, holding that the government had not met the heavy burden required to justify prior restraint. The decision affirmed Near v. Minnesota's near-absolute bar on censorship, cementing that even classified documents cannot be stopped absent grave, demonstrable, and immediate harm. The Pentagon Papers case remains the defining clash between secrecy and press freedom.

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