New+York+Times+v.+U.S.

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

Background: The New York Times obtained copies of documents known as the “Pentagon Papers,” which contained classified information about possible government deception during the Vietnam War. The U.S. government wanted to prevent the documents from being published, arguing that releasing the documents could endanger national security. The New York Times fought for the rights to publish the documents, claiming that it was guaranteed under the 1st Amendment.

Should 1st Amendment rights be waived in situations of national security?

Decision: The Supreme Court ruled in favor of the New York Times in a 6-3 decision. Some justices argued that the first amendment is absolute, regardless of whether or not national security is involved. Other arguments stated that although the New York Times should not have published the documents, there was nothing in the law preventing the publishing of the classified papers.