New York Times Co. v. United States · ¶23

The other evidence that § 793 does not apply to the press is a rejected version of § 793. That version read: “During any national emergency resulting from a war to which the United States is a party, or from threat of such a war, the President may, by proclamation, declare the existence of such emergency and, by proclamation, prohibit the publishing or communicating of, or the attempting to publish or communicate any information relating to the national defense which, in his 'judgment, is of such character that it is or might be useful to the enemy.” 55 Cong. Rec. 1763. During the debates in the Senate the First Amendment was specifically cited and that provision was defeated. 55 Cong. Rec. 2167.

U. S. Reports, bound volume
U. S. Reports, volume 403, at 713 (Library of Congress) · transcription: Caselaw Access Project
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