New York Times Co. v. United States · ¶62

If the Government had attempted to show that there was no effective remedy under traditional criminal law, it would have had to show that there is no arguably applicable statute. Of course, at this stage this Court could not and cannot determine whether there has been a violation of a particular statute, or decide the constitutionality of any statute. Whether a good-faith prosecution could have been instituted under any statute could, however, be determined.

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