New York Times v. United States
On Sunday June 13th, 1971 the New York Times began to publish articles based on a government report entitled “The History of the U.S. Decision Making Process in Vietnam” The Times headline over Neil Sheehan’s first story read “Vietnam Archive: Pentagon Study Traces 3 decades of Growing U.S. Involvement.” This headline not only caught the eye of the public but of then National Security Adviser Henry Kissinger who immediately called Nixon to demand he stop further publication of the secret report. In discussing the Pentagon Papers case, what the pentagon papers were and how they were leaked, the key issues of the case, the courts decision and members, and the long term effects of the case will be discussed. “The History of the U.S. Decision Making Process in Vietnam” also known as The Pentagon Papers was the Defense Department’s top-secret study of the growth of U.S. military participation in Vietnam. The study was begun in June 1967 by then Secretary of Defense Robert S. McNamara. He had the idea for the study through a dinner conversation he had with some old Harvard faculty friends. “The conversation proved frank but friendly. For the first time, I believe, I voiced
The most important long-term affect of this case is was the Supreme Court’s refusal to let the government restrain the press. Short term affects however, of the publication of the Pentagon Papers lead to a huge controversy over the issue of weather or not the government had been intentionally misleading the public in regards to the Vietnam War. This in turn caused dissention among the Democratic Party making it somewhat weak. The courts decision also weakened Nixon’s presidency and further made him believe his enemies were after him. This led him to create the Plumbers Unit, which lead to the Watergate scandal and his resignation. The Pentagon Papers questioned the people’s need for information and the governments need to keep some information secret. The courts decision was very important in letting the American people know that The Constitution and it’s amendments really do have the power. The Supreme Court decision upheld the limit to governmental control. Just because the president did not like the publishing of the Pentagon papers, he could not disregard an amendment to stop the publication. Up until mid 2001 the American public felt the rights granted to them through the Constitution were undeniable and would be upheld by the courts. However, in 2001 with the passing of the Patriot Act, the Constitution was put to shame. People are still being held without due process, or trial, and properties are searched without a proper warrant. Although I feel the Supreme Court made the right decision, I think if The Pentagon Papers were about Iraq, and this was happening now, the decision would have been different. In petitioning the court, the executive branch said it should be the sole judge of national security needs and should be granted a court order to enforce that viewpoint. The Times and the Post countered that it was their First Amendment right to publish whatever they wanted. They also said the gover
Some topics in this essay:
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Approximate Word count = 1309
Approximate Pages = 5 (250 words per page double spaced)
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