CL.11 - New York Times Co v United States Whoever having...

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New York Times Co. v. United States Whoever having unauthorized possession of, access to, or control over any document, to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation NYT tries to print something involving Vietnam Asks for injunction of prior restraint (harsh scrutiny if it’s going to be used) Reject the Government’s request for an injunction Government has the burden to prove that its interest is more important Federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country Only a free and unrestrained press can effectively expose deception in government, President should not have power to halt publication of news Finds that executive can’t force judiciary into allowing for their power Court is not to define and operate through executive decisions Congress is needed to legislate over the issue Blackmun dissent Case involves Constitutional duties of the government It should allow executive to do what it wants, deference is to given Time Inc v. Hill Writes review on play, and play is based on true story about hostage situation Sues magazine through state statute, it prohibits people’s story in commercial use, newspapers Time magazine was only negligent in this case
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This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

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CL.11 - New York Times Co v United States Whoever having...

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