EXPLORE YOUR U. S. CONSTITUTION

The Archive

Reference Library

The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.

Back to Supreme Court Rulings

Speech & Press

New York Times Co. v. United States (Pentagon Papers)

Decided: 1971

In brief

Rejected the government's attempt to block publication of classified Vietnam War documents, reinforcing the ban on prior restraint.

The Court's ruling in depth

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.'

[ Sponsor Ad Placeholder ]