New York Times v. United States is a very interesting court case. This case had to do with the United States, who were the persecutors, and The New York Times, who were the defendants. In 1971, during rising tensions over the Vietnam War, the New York Times attained top-secret articles based on the 1968 study, “History of U.S. Decision Making Process on Viet Nam Policy.” The New York Times analyzed the articles for several months, and on June 13, 1971, it began publication. The United States were very angry after this, but they didn’t take any serious action. They only warned the newspaper to stop publishing any more articles. After the third set of articles was published, the Department of Justice put out an injunction to stop any further publication. The next day, the United States obtained a restraining order. What this restraining order did was prohibit further publication until June 19. Shortly after the restraining order was issued, the District Court denied the government’s request for a preliminary injunction, but a Circuit Court judge did make the restraining order longer to give the Court of Appeals for the District of C

Justices Black and Douglas wrote joint concurring opinions. In both of these concurring opinions, Black and Douglas each condemned the actions taken by the government. They called it a “flagrant, indefensible, and continuing violation of the First Amendment.” Black and Douglas declared that the language of the First Amendment is extremely clear and it clearly supports the view that “the press must be left free to publish news, whatever the source, without censorship, injunctions or prior restraints.” They also said that to give the President the power to withhold certain articles from the press would most likely wipe out the First Amendment and destroy the basic liberty and security of the people that the government intends to make secure.” Black and Douglas discussed the issue of governmental secrecy. They called it anti-democratic, and stated that, “open debate and discussion of public issues are a necessity to our nation’s health.”

5) If there is a dissenting opinion, what constitutional arguments did the minority apply in support of its position? For any concurring opinions, explain the constitutional argument as well.

The outcome of this case had several effects on American life, and still does today. When the Supreme Court decided that the New York Times did not violate the first amendment, this really opened up the eyes of additional newspaper companies. The other newspaper companies felt that they could publish whatever they want, since the first amendment of the constitution gives them the right to do that.

4) What is the logic that the majority applied in support of its position? More specifically, what sections of the constitution did the majority apply to arrive at its decision? If there is a concurring opinion, explain the logic of each of the concurring decisions.

6) Place the case in its historical context. Discuss in detail the tenor of the times in which the controversy took place.

Some topics in this essay:
York Times, Times United, Black Douglas, Stewart White, Supreme Court, Justice Brennan, Harlan Blackmun, Justice Burger, york times, Circuit Court, Department Justice, supreme court, black douglas, concurring opinions, newspaper companies, times united, prior restraint, american life, york times united, war york times, united government, stewart white, controversy york times, times violate amendment, opinion ruling dissent,