New York Times Co. v. United States [1971]

403 U.S. 713 · Supreme Court of the United States · United States

National Security Lawnational-security-lawNational Security LawPrior restraint and national security

Issue

Whether the government could obtain a prior restraint against publication of classified material absent statutory authority, based on national security.

Held

The Court denied the injunction, holding that the government failed to meet the heavy burden of justification for a prior restraint on expression.

Exam use

Summary

Whether the government could obtain a prior restraint against publication of classified material absent statutory authority, based on national security.

Facts

Issue

Whether the government could obtain a prior restraint against publication of classified material absent statutory authority, based on national security.

Held

The Court denied the injunction, holding that the government failed to meet the heavy burden of justification for a prior restraint on expression.

Ratio Decidendi

Any system of prior restraint comes with a heavy presumption against its constitutional validity; the government must prove that publication would cause a direct, immediate, and irreparable harm to national security.

Reasoning

Essay-Ready Explanation Generator

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Reference to New York Times Co. v. United States (403 U.S. 713) strengthens a National Security Law answer because the case reflects the principle that Any system of prior restraint comes with a heavy presumption against its constitutional validity; the government must prove that publication would cause a direct, immediate, and irreparable harm to national security. Applied to a problem question, the case should be used after identifying the issue as Whether the government could obtain a prior restraint against publication of classified material absent statutory authority, based on national security. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • national-security-law
  • National Security Law
  • Prior restraint and national security
  • case authority
  • exam application

Significance

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