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4 - First Amendment: Freedom of the Press

Illustrative Example: New York Times Co. v. United States (1971)

Context

  • Event: The Pentagon Papers scandal in 1971, involving a secret report on American involvement in Vietnam, leaked by a New York Times reporter.
  • Outcome: The Supreme Court case New York Times Co. v. United States reinforced freedom of the press, especially regarding matters of national importance.

Significance

  • Established Principle: Against prior restraint, the practice of preventing information from being published.
  • Case Details: The government tried to stop the New York Times from publishing classified Vietnam War information, claiming national security risks.
  • Supreme Court Ruling: Allowed publication, stating it did not pose an immediate danger to American forces.

Impact

  • "Heavy Presumption Against Prior Restraint": A significant legal standard requiring the government to show a compelling interest to justify preventing publication.
  • Landmark Decision: Reaffirmed the essential role of press freedom in democracy, especially in cases involving national issues.