New York Times v. U.S. (1971)

Facts:
In the late 1960s, the Sec. of Defense commissioned a study in an attempt to discover how the U.S. got drawn into the Vietnam War. The study, known as the "Pentagon Papers," was highly critical of U.S. decision-making, and the Secretary had the study classified. In 1971, one of the contributors to the study, Daniel Ellsberg, gave a copy of the study to the New York Times. The Times investigated the report, and in June 1971 began printing the Pentagon Papers as a serial.

• The government sought a TRO in New York to stop publication; Judge Gurfein granted the TRO.
• The government sought a PRO in New York; Judge Gurfein denied the PRO.
• The government appealed Judge Gurfein's denial to the Circuit Court of Appeals; the Circuit Court denied the PRO but did extend the TRO to give the government time to prepare its case.

Meanwhile, with the TRO in place in New York, Ellsberg gives a copy of the Pentagon Papers to the Washington Post, who begins printing it.

• The government sought a TRO in Washington to stop publication; the judge denies the TRO.
• The government appealed the judge's denial to the D.C. Circuit Court of Appeals; the Circuit Court also denied the TRO.

With conflicting circuit court rulings ("yes" to TRO in New York, but "no" to TRO in Washington), the USSC postponed its summer recess and heard oral argument.

Substantive Issue:
Is the government justified, on national security grounds, in restraining publication of the Pentagon Papers?

USSC Ruling: In favor of New York Times 6-3

Reasoning: Opinion per curiam

• Using a doctrine of "preferred freedoms" (heavy burden on the government to justify denial of a recognized constitutional protection), the government did not meet its burden of justifying a prior restraint.