NEW YORK TIMES CO. v. UNITED STATES
Supreme Court Cases
403 U.S. 713 (1971)
Case Overview
Legal Principle at Issue
Whether the New York Times and the Washington Post could be enjoined from publishing excerpts from a classified Defense Department study of U.S. involvement in the Indochina War. More broadly, whether the First Amendment protects the publication of "classified information."
Action
Reversed and remanded. Petitioning party received a favorable disposition.
Facts/Syllabus
The Nixon administration attempted to stop The New York Times and Washington Post from publishing materials pertaining to a classified Defense Department report regarding United States action in Vietnam. The Supreme Court found that prior restraint was unjustified because publication would not cause immediate harm to American forces.
Importance of Case
The Court reinforced the "heavy presumption against" prior restraint principle.
Advocated for Respondent
- William R. Glendon View all cases
Advocated for Petitioner
- Alexander M. Bickel View all cases
Cite this page
- NEW YORK TIMES CO. v. UNITED STATES. (n.d.). First Amendment Library. Retrieved March 31, 2025, from https://www.thefire.org/supreme-court/new-york-times-co-v-united-states
- NEW YORK TIMES CO. v. UNITED STATES, First Amendment Library, https://www.thefire.org/supreme-court/new-york-times-co-v-united-states (last visited 31 Mar. 2025).
- Foundation for Individual Rights and Expression (FIRE). "NEW YORK TIMES CO. v. UNITED STATES." Oyez. https://www.thefire.org/supreme-court/new-york-times-co-v-united-states (accessed March 31, 2025).
- "NEW YORK TIMES CO. v. UNITED STATES." First Amendment Library. Foundation for Individual Rights and Expression (FIRE), n.d. 31 Mar. 2025, www.thefire.org/supreme-court/new-york-times-co-v-united-states.