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).
Additionally, Ardent covers the topic four years later in a contemporary real life event rather than a philosophical approach. This issue was a scandal caused by the leak to the New York Times mid-Vietnam War
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
committee. Upon these happenings, cracks began to appear in President Nixon’s “sealing” and cover-ups of Watergate. The mysterious “Deep Throat”, jokingly named after a popular pornographic movie title of the time, became an important press informant that leaked many details to the press during the height of the Watergate scandal, especially to Washington Post’s
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 Supreme Court’s decision was supported by three main reasons. In addition to the fact that President Nixon made the restraint order without proper justification, Justices Black, Douglas, Brennan, Stewart, White, and Marshall, the ones who concurred with the official judgement, hesitated to take action without the Congress’s tutelage. They thought that the issues were strictly legislative, so they did not refute the First Amendment (New York Times Co. v. United States; “The Espionage Statutes and Publication of Defense Information”). Also, per US Code -
There are 4 Ps. Ps claim they were unlawfully detained by MOS and falsely arrested on drug charges. Ps allege that they live in a three family private house with apartments on 3 floors. Ps allege that the first floor apartment was of P Yolanda Lopez; second floor apartment was of P Yvonne (non-party), and basement apartment was of Evelyn Lopez and her 17 year old daughter, Karina Lopez. Ps Rafael Rivera and Erin Morales were staying on the first floor. P Rivera alleges that MOS entered the house and order him to get to his knee and P Rivera complied. P Rivera alleges that while he was on his knees MOS struck P Rivera in the face with the riot shield. P Evelyn Lopez alleges that defendant MOS Anthony Hughes grabbed her arm and struck her face against a wall and illegally searched her basement apartment. Defendant MOS John Natoli stated that the search warrant applied to all floors because each family has access other family’s
- 1 - PLAN OF INVESTIGATION: During the early years of Vietnam War the public support was high. The "fight against communist" was grounds for many public rallies to encourage and support the effort. Despite the high approval rating the US government still released crucial propaganda that displayed communist as the evil of the world. It wasn't until Nixon invaded Cambodia that many protests occurred, mostly by democratic college students that led to the US government censoring American media. During hostile times in the Vietnam War the US government fell to censoring the media in order to lower the amount of opposing riots against the government. During an age of independent journalism, however, the government was not showing the same
Title and Citation: Nixon v. City of Houston, 511 F.3d 494 (5th Cir. 2007) Type of action: This is a civil suit against the city of Houston and its police chief for employment retaliation in violation of Nixon First Amendment right to free speech. Fact of case: Nixon is a
The next case that I will examine is the case of Procunier v. Martinez. This case dealt with the right of prison officials to censor inmate mail. The prisoners filed a class-action suit against The California Department of Corrections claiming that the prison had unlawfully censored mail that unduly complained, magnified grievances or expressed racial, religious or politically inflammatory content. The inmates argued that the prison had violated their first amendment right of freedom of speech. The District Court that initially ruled in the case ruled that the prison had indeed overstepped the boundaries of the Constitution. The State then appealed the District Courts ruling on the grounds that it did not have the right to rule on the Constitutionality of said statute. The Supreme Court agreed with the District Court. It decided that the lower court did not err in ruling on the legality of the mail censorship program. It further explained that by censoring personal mail between inmates and correspondents without safeguard in place, the process
Daniel Ellsberg Daniel Ellsberg took a stand against the government by releasing a copy of the Pentagon Papers to press in an effort to inform the public about the Pentagon Papers and their contents about U.S. policy in Vietnam (Indochina). (Reason.com) His friend and former colleague at RAND Corporation, Anthony Russo
* 1971 June 13 New York Times begins publishing the "Pentagon papers," about the Defense Departments secret history in the Vietnam war, Washington Post also starts publishing them
Riss v. New York is centered around the issue of whether or not the city was liable for the failure to provide special protection to a member of the public. Linda Riss was subject to multiple threats from her attorney and repeatedly requested police protection. She eventually suffered harm when those threats were carried out.
Albo 1 Harrison Albo Mrs. Knotts 3 English H February 27, 2012 The Pentagon Papers Case 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
One of the most renowned court cases involving using a prior restraint on a publication was Near v. Minnesota (1931). After the The Saturday Press, a newspaper owned by J.M Near, wrote an article claiming that his city was being secretly ruled by Jewish gangs and directly targeted several public