case 2.docx - Case New York Times Co v United States(1971...

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Case: New York Times Co. v. United States, (1971) Facts: The United States government sought to enjoin publication of classified information in the Washington Post and New York Times. The United States was required to provide justification for enforcing such a restraint. Issue: Does the restraint of publication requested by the United States government violate the first amendment? Holding: (vote: 6-3) Yes: To enjoin the publication of classified information in the public press is in violation of the first amendment. Majority Reasoning: (Warren E. Burger with Associate Justices Hugo Black and William Douglas) A Rule: The court affirmed previous rulings that the United States government did not meet the sufficient “heavy burden” which would be necessary to justify the restraint of free press. The court rejected the government’s request for an injunction. Furthermore, the court expressed that the government’s request for a restraint on the press was in direct violation of the first amendment. The court stated free press is a necessary component of democracy. The first amendment eliminated the government’s control of the press “so that the press would remain forever free to censure the Government”. B. Application: The court reasoned the purpose of a free press, as outlined by the first amendment, is to
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