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Supreme Court of the United States
June 26, 1971, Argued ; June 30, 1971, Decided 1
[*714] [***824] We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy." Post, pp. 942, 943.
"Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity." Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 [***825] (1963); see also Near v. Minnesota, 283 U.S. 697 (1931). The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint." Organization for a Better Austin v. Keefe, 402 U.S. 415, 419 (1971). [****3] The District Court for the Southern District of New York in the New York Times case and the District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit in the Washington Post case held that the Government had not met that burden. We agree.
The judgment of the Court of Appeals for the District of Columbia Circuit is therefore affirmed. The order of the Court of Appeals [**2142] for the Second Circuit is reversed and the case is remanded with directions to enter a judgment affirming the judgment of the District Court for the Southern District of New York. The stays entered June 25, 1971, by the Court are vacated. The judgments shall issue forthwith.
Concur by: BLACK; DOUGLAS; BRENNAN; STEWART; WHITE; MARSHALL
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403 U.S. 713 *; 91 S. Ct. 2140 **; 29 L. Ed. 2d 822 ***; 1971 U.S. LEXIS 100 ****; 1 Media L. Rep. 1031
NEW YORK TIMES CO. v. UNITED STATES
Prior History: [****1] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
Disposition: No. 1873, 444 F.2d 544, reversed and remanded; No. 1885, U. S. App. D. C. , 446 F.2d 1327, affirmed.
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