Sunday, April 24, 2011

New York Times Co. v. United States (1971)

In this particular case, Daniel Ellsberg, stole classified information, copied them, and released them to The New York Times to be published. They were called "The Pentagon Papers." The Court ordered a per curiam and the case was brought to the Supreme Court where 6 justices concurred with the right of the 1st and 14th Amendment and 3 dissented.

This case was being argued under the pretense that the First Amendment of free speech and the Fourteenth Amendment of due process were in place rightfully. These justices believed that the information should be accessed to the public and even the government withholding a publication corporation during the period of this trial is unlawful. This is why Justice Douglas believed that there was no right that could withhold the press from publishing these papers, and by doing so to the Times is illegal. I side with the dissenters. I believe that the fundamental wrong doing is that Ellsberg stole these papers in the beginning from national security of the Executive branch. There has to be a reason why these papers would be kept in secret, or else the government would have already let the information loose. Reasons could include the protection of the safety, prosperity, and well-being of the nation as a whole. These papers could also incite unnecessary violence among the people.

Here is some more information about the case, and also the aftermath that concluded this case.

While I personally believe that this case should have been more delicately handled by considering possible public reaction. The aftermath was not hurtful towards the government as it could have been. By letting the newspaper corporation to publish these papers, the government is letting publishers know that their freedom of expressing speech is protected.

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