The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Speech & Press
New York Times Co. v. United States (Pentagon Papers)
Decided: 1971
Rejected the government's attempt to block publication of classified Vietnam War documents, reinforcing the ban on prior restraint.
The Nixon administration sought to enjoin publication of a classified history of U.S. involvement in Vietnam leaked by Daniel Ellsberg. Six days later, a 6–3 Court ruled against the government per curiam: any prior restraint of the press bears a 'heavy presumption against its constitutional validity,' which the government had not overcome. Justice Black's concurrence remains a stirring statement of press freedom: 'The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government.'