The Pentagon Papers is a Department of Defense history of United States political and military involvement in Vietnam from 1945 to 1968, running to 47 volumes of some 3,000 pages of internal analysis and 4,000 pages of supporting government documents, prepared originally for internal government use. Daniel Ellsberg, who had worked on the study, photocopied the volumes in 1969 and passed them to New York Times reporter Neil Sheehan in 1971. The Times began publishing excerpts on June 13, 1971, and after a federal court order temporarily halted its series the Washington Post began publishing its own excerpts on June 18, 1971, with roughly nineteen newspapers eventually drawing on the material. The Supreme Court ruled six to three in New York Times Co. v. United States that the government had not met the burden required to justify a prior restraint on publication, a landmark decision protecting the press's right to publish material revealing that successive administrations had misled the public about the scope of the war.
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What legal standard did the Supreme Court apply when the government tried to stop publication of the Pentagon Papers?
A heavy presumption against prior restraint, which the government did not overcome.
In New York Times Co. v. United States, the Court's per curiam opinion said that any system of prior restraints of expression comes to the Court bearing a heavy presumption against its constitutional validity. It added that the government therefore carries a heavy burden of showing justification for such a restraint. The lower courts had held that the government had not met that burden, and the Supreme Court agreed.
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Sources
1. Wikidata: Pentagon Papers
Wikidata Q1759002, class allow-list match (w-wdresolver-0926)View the Source 2. Wikipedia
Wikimedia Foundationen.wikipedia.org/wiki/Pentagon_Papers, lead paragraph, opening sentence (nationality)
The Pentagon Papers, officially titled Report of the Office of the Secretary of Defense Vietnam Task Force, is a United States Department of Defense history of the United States' political and military involvement in Vietnam from 1945 to 1968.
en.wikipedia.org/wiki/Pentagon_Papers, lead paragraph, publication sentence
it was made public on the front page of The New York Times starting on June 13, 1971.
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