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New York Times v. United States is a very interesting court case. This case had to do with the United States, who were the persecutors, and The New York Times, who were the defendants. In 1971, during rising tensions over the Vietnam War, the New York Times attained top-secret articles based on the 1968 study, “History of U. ... ” The New York Times analyzed the articles for several months, and on June 13, 1971, it began publication. The United States were very angry after this, but they didn’t take any serious action. ... The next day, the United States obtained a restraining order. ... The New York Times appealed the Circuit Court’s decision to the Supreme Court.
The issue that the court deals with is, is the First Amendment violated when the United States, during wartime, prohibits a newspaper from publishing sensitive articles which may cause security concerns for the United States? ...
The position of the New York Times, who were the litigants, was obviously that they believed that what they did was just. The New York Times believed that the public has the right to know what’s going on in the war. ... The New York Times felt that if they weren’t putting out the information that they acquired, they would be doing the whole United States a disservice. The New York Times felt that they did not violate the first amendment, which is, congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ... The defendant was the New York Times. ...
Burger continued his opinion, scorning the New York Times for its lack of responsibility in dealing with the documents that were illegally acquired. Burger contended that it would have not been problematic for the New York Times to consult with the government before publishing the article, especially since the newspaper could have easily anticipated the governments reaction.
Approximate Word count = 1704 Approximate Pages = 6.8 (250 words per page double spaced)
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