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New York Times Co. v. United States

United States Supreme Court
403 U.S. 713 (1971)


Facts

The New York Times Co., and the Washington Post (defendants), published excerpts from a top secret study of the Vietnam War conducted by United States Department of Defense. The United States government (plaintiff) brought suit against the New York Times in district court seeking injunctions precluding publication of these excerpts on the grounds that doing so would jeopardize national security. The district court refused to issue such injunctions. While the appellate trial was taking place, the United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Per Curiam)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (White, J.)

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Concurrence (Marshall, J.)

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Concurrence (Black, J.)

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Concurrence (Douglas, J.)

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Concurrence (Brennan, J.)

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Concurrence (Stewart, J.)

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Dissent (Burger, C.J.)

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Dissent (Harlan, J.)

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Dissent (Blackmun, J.)

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