New York Times Co. v. United States · ¶51

What is more, terminating the ban on publication of the relatively few sensitive documents the Government now seeks to suppress does not mean that the law either requires or invites newspapers or others to publish them or that they will be immune from criminal action if they do. Prior restraints require an unusually heavy justification under the First Amendment; but failure'by the Government to justify prior restraints does not measure its constitutional entitlement to a conviction for criminal publication. ' That the Government mistakenly chose to proceed by injunction does not mean that it could not successfully proceed in another way.

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