U5 New York Times Co. v. United States (1971)

Question 1

What was the facts of the case?

Answer 1

Pentagon Papers (Top Secret Dept. of Defense Study of US Political/Military involvement in Vietnam from 1945-1967) sent to New York Times, the first to print exerpts of documents. Nixon admin obtained court order to prevent NY Times from printing more documents. They got the Court Order using Prior Restraint necesssary to limit threat to national security. But NY Times argued prior restraint violated free press clause. They believed government censoring material before published was unconstitutional.

Question 2

What is the Question/Issue of the case?

Answer 2

Was Nixon admin using prior restraint against the NY Times in violation of the free press clause?

Question 3

What was the Decision made in the case?

Answer 3

6-3 NY Times Co.
Court stated prior restraint unconstitutional and violated free press clause.

Question 4

What was the significance of the case?

Answer 4

Bolstered freedom of press and checks government. Established heavy presumption against prior restraint.

Question 5

What was the Constitutional Clause involved in the case?

Answer 5

Free Press Clause

Question 6

Is this an example of Judicial Activism or Judicial Restraint?

Answer 6

Judicial Activism