New York Times Co. v. United States · ¶47

I concur in today’s judgments, but only because of the coneededly extraordinary protection against prior restraints enjoyed by the press under our constitutional system. I do not say that in no circumstances would the First Amendment permit an injunction against publishing information about government plans- or operations. Nor, after examining the materials the C overnment characterizes as the most sensitive and destructive, can I deny that revelation of these documents will do substantial damage to public. interests. Indeed, I am confident that their disclosure will have that result.. But I nevertheless agree that the United States has not satisfied the very heavy burden that it must meet to warrant an injunction against publication in these cases, at least in the absence of express and appropriately limited congressional authorization for prior restraints in circumstances such as…

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