New York Times Case

George Herring 's article " The legacy of Vietnam" talks about the military clash between the communist North Vietnam, backed by its allies and the government of South Vietnam, backed by the United States and other countries that are anti-communist that happened in Vietnam during Richard Nixon 's presidency. The Vietnam War was a terrible war, especially for Vietnamese because a millions of them died during the war. The author not just describes the war itself; he also analyzes the killing and the attack that occurred during the war. In general the Vietnam War was the most costly war contrast to other wars and it was the most shocking eras in American history. The Vietnam War had an impact in American history. It brought fear from the war

Nixon used his authority to access official documents to benefit himself. He damaged the way people say him as a person. He was supposed to be someone that America was supposed to trust but never question. Investigations proved years of political espionage and illegal surveillance. Instead of reviving the ultimate price of injustice in office, impeachment, Nixon chose to resign and further lost the respect of the American public. The crime in acted on that day made citizens question the leadership of their country and the measures their leaders will go to for themselves. The coward decision that Nixon chose to take and end his presidency and not accept full responsibility of his infidelities truly showed the abuse of power that took place during his years of presidency.

During the Vietnam War, Americans were greatly influenced by the extensive media coverage of the war. Before the 1960’s and the intensification of the war, public news coverage of military action was constrained heavily by the government and was directed by Government policy. The Vietnam War uniquely altered the perception of war in the eyes of American citizens by bringing the war into their homes. The Vietnam War was the first U.S uncensored war resulting in the release of graphic images and unaltered accounts of horrific events that helped to change public opinion of the war like nothing it had ever been. This depiction by the media led to a separation between the United States government and the press; much of what was reported flouted

For almost 200 years the American public viewed their government and its chief executive with virtual reverence. Presidents like George Washington, Abraham Lincoln, Franklin Roosevelt and John F. Kennedy were the embodiment of every principle and value set forth in the Constitution and Bill of Rights. The events that occurred in Vietnam coupled with the Watergate scandal shocked the nation and irreparably damaged the publics’ view of politics and government activities. The release of the Pentagon papers

In the years leading up to 1971, America saw the rise of a new president, Richard Nixon elected in 1968, who would ultimately become one of the most infamous men in American history. This was coupled with the rising resistance against the Vietnam War, resistances like the Kent State shooting in 1970 and the 1967 march to the pentagon. Overall, this was a pivotal time in wartime America to keep moral high among citizen in order for the government to have the support to finish out the war in Vietnam. However, Nixon was soon faced with a leak inside the government that captivated the nation. In 1971, the Pentagon Papers were published in the New York Times. The Pentagon Papers were a classified study by the United States Government officially

It was more than this though, this was a test case, to see if the court would prosecute

The court case of New York Times vs Sullivan was a case that involved public officials and how they were libeled in the press in the year of nineteen sixty four. L.B. Sullivan was one of three elected commissioners of Alabama. The respondent was L. B. Sullivan was a public official from Alabama and brought a lawsuit against an clergymen, a negro and against a petitioner of the New York Times Company. L.B. Sullivan sued all of these people because he felt that he was libeled in a advertisement of the New York Times. The case had to deal with if the constitutional protections of speech and press limit the states power to award damages for the libel action brought by a public official against the critics of his official conduct.

As the Vietnam War dragged on, with more than 500,000 U.S. troops in Vietnam by 1968, military analyst Daniel Ellsberg, came to oppose the war, and decided that the information contained in the Pentagon Papers should be available to the American public. He photocopied the report and in March 1971 gave the copy to The New York Times, which in return published the Pentagon Papers was the name given to a top-secret Department of Defense study of U.S. political and military involvement in Vietnam from 1945 to 1967. The Nixon administration had Ellsberg indicted on criminal charges including conspiracy, espionage and stealing government property. The trial began in 1973, but ended in a dismissal of the charges after prosecutors discovered that a secret White House team burglarized Ellsberg’s psychiatrist’s office to find information that would discredit him.

The case New York Times Co. Vs United States in summary was a first amendment battle between the United States government and the prominent newspaper cooperation New York Times in 1971. The premises of this legal battle was based on the New York Times reporter Daniel Ellsberg publishing in excerpts illegally leaked, classified documents containing the United States involvement in the Vietnam War specifically on the anticipated death counts (Institution, 2015, p. n .p). However, The United States government finding out about leakage placed a prior restraint also known as “government action that prohibits speech or other expression before it can take place” on New York Times cooperation based on National Security grounds (Prior Restraint, 2015). The case, despite the over powering strength of the nation and the accusations against the New York Times Cooperation the case was ruled in favor of the New York Times by the Supreme Court (Curry, Riley, & Battistoni, 2015, p. 458).

Here Isserman and Kazin acknowledge that the military’s hands were tied, as they were, not only by popular discontent, but because Johnson did not want to risk making the Cold War hot. Insomuch as success in the conflict was measured by enemy body count in lieu of territorial gains, there would be no direct bombing of Hanoi. As much as the consummate Texan and his inherited Alamo mythology made him believe he was fighting for freedom, there was a line he would not cross, and the North Vietnamese took advantage of this. Americans who opposed the war by 1968 did so because they believed that it could not be won. Once the Pentagon Papers were released in 1971, this purloined collection of documents related to the escalation of American involvement in Southeast Asia, spanning presidencies from Eisenhower to Johnson, further deteriorated the credibility of the American government, and helped to lead the majority of Americans to believe that the war in Vietnam was wrong

The main question that probably arose was whether the president’s executive order surpassed the First Amendment. First, the District Court for the Southern District of New York judged the Times case and decided the government had not “show[ed] justification for the enforcement of such a [prior] restraint,” for it simply deemed the publication of the Pentagon Papers detrimental to the nation. Likewise, the District Court for the D.C. and the Court of Appeals for the D.C. Circuit, the courts that judged the Washington Post case, came to the same verdict (New York Times Co. v. United States).

One of those was the case Benjamin Gitlow V. People of the State of New York, which happened on June 8, 1925. Benjamin Gitlow, a socialist, was a arrested for publishing and distributing copies of his article “left-wing manifesto”, which called for the establishment of socialism through strikes and the forceful overthrow of government, and was charged with criminal anarchy under New York’s Criminal Anarchy Law of 1902. During his trial Gitlow argued that he was protected under the First amendment was he had the Freedom of Speech and the Freedom of the Press. On appeal the Supreme Court conveyed that the first amendment applied to New York through the Due Process Clause, ensures the rights and equality of all citizens, under the 14th amendment. Meaning New York had to follow Federal Government laws and not their own laws when dealing with Freedom Of Speech and Freedom of the Press which were ratified into the constitution in the year 1971. Although the Court decided Benjamin was still arrested because his speech was not protected under the First Amendment under the “clear and present danger test.” This case was very important because this was the year the first amendment was nationalized and showed how states had to follow federal government

In the past, there has always been conflict between the free press and the government. This conflict was very evident in the Pentagon Papers case, also known as New York Times Co. v. United States. Historically, the Supreme Court has disagreed on the limitations that can be placed on the First Amendment. The Supreme Court faced these issues in the case of The New York Times. The newspaper obtained a copy of a Defense Department report that explained government deception in the Vietnam War. The Pentagon Papers emerged when the American people disagreed on the United States involvement in the war. Under the First Amendment, The New York Times argued

Media is everywhere, but determining what an accurate picture of reality is can be difficult. With all of the mainstream corporations out there, giving the people the full truth is not as important as protecting their economic interest. End The Lie leaves you with unanswered questions, while questioning the information given. However, The New York Times’ perspective of the Russian proposal to put Syria’s chemical weapons under international control goes more in depth and is more reliable than the alternative source End The Lie.

The concept that marriage can occur, endure, and succeed without the factor of love seems to be common in many other places in the world. “Who Needs Love! In Japan, Many Couples Don’t,” by Nicholas D. Kristof published in the New York Times in 1996 explores the aspects and success of loveless marriage in Japan beginning with Yuri Uemura of Omiya, Japan.