Part I Rights as Citizens Outline

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Part I: How the Courts Address or Respect Our Rights as Citizens – Outline Week 6 Meleny Luciano Chamberlain University Political Science 330 August 20 th , 2023

Daniel Ellsberg, a private military contractor, gained access to a restricted archive on October 1, 1969, and used that access to copy a section from a research document that was almost 7,000 pages long. He then sent the document to a marketing firm, which made a copy of the first few pages of the Pentagon Papers and produced two copies of the "History of U.S. Decision-Making Process on Vietnam Policy." The document, which was given the classification of "Top Secret - Sensitive," was indeed given that designation. Ellsberg sent the first copy of the study to Neil Sheehan, a writer for the New York Times, in 1971, after having spent the previous year attempting to persuade politicians to make the findings public. The document claims that Lyndon B. Johnson misled Americans about the Vietnam War's severity. The evidence indicated that the governing body had foreknowledge of the conflict's projected escalation in terms of human casualties and financial expenditures. This realization became known after a span of six years after the official involvement of the United States in the Vietnam War, which began in the spring of 1971. Despite the increasing opposition to the war, the administration of President Richard Nixon showed a notable eagerness to continue with the military effort (New York Times V. United States (1971), 2023). The New York Times was the first newspaper to publish a summary of the research on June 13, 1971. The difficulty of legal matters often rises rapidly. The government was allowed time to prepare for an appeal since the judge issued a temporary restraining order even though it refused the injunction. But the injunction was turned down anyhow. Judge Irving R. Kaufman of the United States Court of Appeals for the Ninth Circuit found that the temporary restraining order should stay in effect until the outcome of the appeal. The Washington Post began releasing previously classified information from the Pentagon Papers on June 18. On June 22, 1971, a circuit court panel of eight judges heard arguments against the government's position.

The next day, the United States Court of Appeals ruled that the injunction was unenforceable. The government sought review by filing a petition with the U.S. Supreme Court, and on June 26, 1971, the Court heard oral arguments from counsel representing both parties (New York Times V. United States (1971), 2022). Title and Facts of the Case The New York Times Co. v. United States of 1971 consists of the following:  The Pentagon Papers, which were a secret government study of the United States' involvement in the Vietnam War, were inadvertently leaked to the Times by members of the administration. These documents were the basis for a series of pieces published by the Times in 1971 (Spitzer, 2019).  In the case of New York Times v. United States, the Supreme Court reached a ruling with a majority vote of 6-3 that declared the prior restraint to violate the Constitution. This decision was made in the context of the case New York Times v. United States. Even though most judges have differing perspectives on several important topics (Spitzer, 2019).  According to a decision handed down by the Supreme Court of the United States in 2000, the First Amendment of the United States Constitution, which guarantees the right to freedom of speech, also protects the right of the press to operate freely.  Robertson (2000) asserts that Chief Justice Warren Burger presided over the Supreme Court during the whole of the New York Times v. United States case.

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