United States v. New York Times Co., et al.

328 F.Supp. 324 (1971)

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United States v. New York Times Co., et al.

United States District Court for the Southern District of New York
328 F.Supp. 324 (1971)

Facts

Over a three-day period, The New York Times Company (the Times) (defendant) published summaries and various portions of a 1968 Pentagon study related to the Vietnam War and a summary of a 1965 Department of Defense study related to the Tonkin Gulf incident. The United States (the Government) filed suit against the Times to enjoin it from “further dissemination, disclosure, or divulgence” of the materials related to the two studies. Thereafter, the Government filed a motion for a preliminary injunction preventing the further dissemination of additional documents and also requested the court to order the Times to provide all of the documents related to the two studies in its possession to be impounded until it could be determined whether they contained classified, Top Secret, or Secret information that may cause “irreparable injury to the national defense.” An in camera proceeding was held at which only the attorneys for each side, witnesses for the Government and two designated representatives of the Times were present. After the proceeding, the court issued its order.

Rule of Law

Issue

Holding and Reasoning (Gurfein, J.)

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