New Times Co. v. United States; United States v. Washington Post Co. (Pentagon Papers Case) Facts: In 1971, The New York Times and Washington Post published excerpts from a top secret Defense Department study of the Vietnam War. The newspapers obtained the papers from Daniel Ellsberg, a former Pentagon official. “”Any system of prior restrains of expression comes to this Court bearing a heavy presumption against its constitutional validity.” The Government thus carries a heavy burden of showing justification for the imposition of such a restraint. The District Court for the Southern District of New York in the New York Times Case and the District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit in the Washington Post case held that the government had not met that burden.” (Stone, p. 93). Issue: The government filed suit seeking to enjoin further publication of the materials claiming that such publication would interfere with national security and would lead to the death of
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