New York Times Co. v. United States
United States Supreme Court
403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822 (1971)
Two newspapers, the New York Times and the Washington Post (defendants), published excerpts from a top-secret study of the Vietnam War conducted by the United States Department of Defense. They indicated that more articles based on the leaked study were forthcoming. In separate actions in federal district courts, the United States government (plaintiff) brought suit against the New York Times and the Washington Post seeking injunctions preventing the publication of additional material on the grounds that it might jeopardize national security. The District Court for the Southern District of New York and the District Court for the District of Columbia refused to issue such injunctions. The District of Columbia Circuit affirmed, refusing to issue an injunction limiting publication by the Washington Post. However, the Second Circuit issued a temporary injunction restricting publication by the New York Times pending additional district-court proceedings. The United States Supreme Court granted certiorari almost immediately.
Rule of Law
Holding and Reasoning (Per curiam)
Concurrence (Douglas, J.)
Concurrence (Black, J.)
Concurrence (Marshall, J.)
Concurrence (White, J.)
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