New York Times Co. v. United States
403 U.S. 713 · 1971-06-30
The Pentagon Papers: a heavy presumption against prior restraint, in ten opinions.
Edition: U. S. Reports, bound volume
Source: U. S. Reports, volume 403, at 713 (Library of Congress) · transcription: Caselaw Access Project
Voices: Pee Curiam. · Mr. Justice Black, with whom Mr. Justice Douglas joins, concurring. · Me. Justice Douglas, with whom Me. Justice Black joins, concurring. · Me. Justice Brennan, concurring. I · Mr. Justice Stewart, with whom Mr. Justice White joins, concurring. · Mr. Justice White, with whom Mr. Justice Stewart joins, concurring. · Me. Justice Marshall, concurring. · Mr. Chief Justice Burger, dissenting. · Mb. Justice BlackmUn, dissenting.
We granted certiorari in- these cases in which the United Státes seeks to enjoin the New York Times and the Washington Post.'from publishing the contents of a classified study entitled “History of U. S. Decision-Making Process on Viet Nam Policy.” Post, pp. 942, 943.
“Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 70 (1963); see also Near v. Minnesota, 283 U. S. 697 (1931). The Government “thus carries a heavy burden of showing justification for the imposition of such a restraint.” Organization for a Better Austin v. Keefe, 402 U. S. 415, 419 (1971). The District Court for the Southern District of New York in the New York Times case and the District Court for' the District of Columbia and the Court of Appeals for the District…Read it in the reading room ›