what lawyer defended the ny times in the pentagon papers

by Lincoln Nicolas 8 min read

Who represented the New York Times in the Pentagon Papers case?

Apr 12, 2019 · As a first amendment lawyer, Goodale defended the New York Times in the historic 1971 Pentagon Papers case and wrote about his experiences in Harper's Magazine. He tells Day 6 host Brent Bambury...

When did the Supreme Court allow the publication of the Pentagon Papers?

Sheehan, who obtained and wrote most of the stories about the papers for the Times, was not cited in the award. (AP Photo/John Lent, republished with permission from The Associated Press) Often referred to as the “Pentagon Papers” case, the landmark Supreme Court decision in New York Times Co. v. United States, 403 U.S. 713 (1971), defended the First Amendment right of …

Who ordered the times to stop publishing the Pentagon Papers?

First Amendment lawyer James Goodale was The New York Times' general counsel when the newspaper published a stack of classified Defense Department documents known as the Pentagon Papers.

Do newspapers have a right to print the Pentagon Papers?

Jun 13, 2021 · After law school, I worked for Floyd Abrams, who had represented The Times in the Pentagon Papers case and is a towering figure in the fight for press freedom. Then I spent a decade in the Times ...

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Who was the leaker of the Pentagon Papers?

Daniel EllsbergBornApril 7, 1931 Chicago, Illinois, U.S.EducationHarvard University (AB, PhD) King's College, Cambridge Cranbrook SchoolsEmployerRAND CorporationKnown forPentagon Papers, Ellsberg paradox13 more rows

Who was involved in the New York Times v United States?

Justices differed on reasoning behind opinionOn one extreme, Justice Hugo L. ... Justice Byron R. ... Justice William J. ... Justice William O. ... Justices Potter Stewart and Thurgood Marshall argued separately that in the absence of specific guidance by Congress, the Court should not grant the executive broad censorship power.

Did The New York Times have the right to publish the Pentagon Papers?

The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Who won the New York Times vs US case?

The Court ruled 6-3 in New York Times v. United States that the prior restraint was unconstitutional. Though the majority justices disagreed on some important issues, they agreed that “Only a free and unrestrained press can effectively expose deception in government…

What is Pentagon Papers case?

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 1967.

Who published the Pentagon Papers first?

The Times published the first installment of the Pentagon Papers, a top-secret history of the Vietnam War, on June 13,1971. Credit: The New York Times Corporate Archive.Jun 24, 2021

What justification did the Supreme Court give for allowing the Pentagon Papers to be published?

The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.

Which was a result of the Pentagon Papers Supreme Court decision quizlet?

Which was a result of the Pentagon Papers Supreme Court decision? publication would be detrimental to national security.

What is the significance of the Pentagon Papers case?

v. United States, 403 U.S. 713 (1971), defended the First Amendment right of free press against prior restraint by the government.

When did the New York Times publish the Pentagon papers?

The New York Times resumed publication of its series of articles based on the secret Pentagon papers in its July 1, 1971 edition, after it was given the green light by the U.S. Supreme Court in New York Times v. United States. (AP Photo/Jim Wells)

What is the New York Times v. United States case?

v. United States (1971), also called the "Pentagon Papers" case, defended the First Amendment right of free press against prior restraint by the government.

What was the case in which Ellsberg was charged with unauthorized possession of top secret documents and failure to return them

Ellsberg, charged in federal warrants with unauthorized possession of top secret documents and failure to return them, arrived to surrender himself to the U.S. Attorney. Ellsberg had passed the documents to reporters at the New York Times, resulting in the case New York Times v. United States (1971). The Court decided 6-3 to allow the Times ...

How many copies of the Pentagon documents were made?

The work was labeled classified, and only 15 copies were made. In early 1971 Daniel Ellsberg, a RAND Corporation employee who had worked on the project, secretly made copies of the documents and passed them to reporters for the New York Times. On June 13, 1971, after several months of review, the Times began to publish these so-called “ Pentagon ...

How many pages were there in the Vietnam War?

When completed in 1968, the project comprised 47 volumes containing more than 7,000 pages. The work was labeled classified, and only 15 copies were made.

Is the New York Times case a victory for the free press?

Case is regarded as a victory for the free press, although an ambiguous one. New York Times Co. v United States generally is regarded as a seminal victory for the free press in the United States. The per curiam opinion clearly states that in any situation in which the government wishes to resort to censorship, it faces a difficult task in ...

What was the Pentagon Papers?

Fifty years ago today, The Times published the first article in its series on the Pentagon Papers, the Defense Department’s secret study of the United States’ role in Vietnam. The papers, including private revelations that ran counter to the public optimism of leaders, changed American journalism and a nation’s relationship with its government.

When was the 50th anniversary of the Pentagon Papers?

Here, contributors to the project reflect on how the secret study’s publication influenced their careers. On July 1, 1971, after the Supreme Court ruled in its favor, The New York Times resumed its series on a secret Defense Department study on ...

Who is Peter Baker?

Peter Baker. Chief White House correspondent for The Times. For a journalist trying to report from today’s Washington, looking back at the Pentagon Papers case is a reminder of how important our mission really is — and how little has really changed since 1971 when it comes to the government trying to protect itself from public scrutiny.

Who leaked the Pentagon papers?

What distinguished the Pentagon Papers was that The Times was not only providing interpretive articles, but also presenting the documents themselves, which had been leaked by Daniel Ellsberg, a military analyst who had worked on the history.

When did the Times stop publishing the Pentagon papers?

Sulzberger, over the signature of Mr. Nixon’s attorney general, John N. Mitchell: On June 14, 1971, John N. Mitchell, the attorney general of the United States, ordered The Times to stop publishing the Pentagon Papers.

What was the most prominent exception to the hydrogen bomb?

The most prominent exception was a 1979 case in which the government tried to prevent the Progressive magazine from publishing an article about the hydrogen bomb , said George Freeman, the executive director of the Media Law Resource Center.

When did the Supreme Court overturn the Nixon administration's effort to restrain the New York Times and The Washington Post

On June 30, 1971 , the Supreme Court overturned the Nixon administration’s effort to restrain The New York Times and The Washington Post from publishing a top-secret history of the Vietnam War called the Pentagon Papers. Its unsigned opinion, in which six justices concurred, simply quoted from two other decisions ...

When was the Pentagon's Vietnam study published?

The New York Times Corporate Archive. “I have been advised by the secretary of defense that the material published in The New York Times on June 13, 14, 1971, captioned 'Key Texts from Pentagon’s Vietnam Study,’ contains information relating to the national defense of the United States and bears a top secret ...

When did the Supreme Court overturn the Nixon administration?

“We agree.”. Not among the most stirring judicial defenses of the First Amendment you’ve ever heard. But it was enough to get the job done. On June 30, 1971, the Supreme Court overturned the Nixon administration’s effort ...

Who printed the free the times buttons?

John Crewdson and Barbara Dubivsky of the Washington bureau quickly came up with a retort, printing hundreds of buttons that said, “Free The Times XXII” and “Free The Times 22.”. To the astonishment of everyone involved, the case made its way to the Supreme Court in less than two weeks.

How many words were in the Pentagon Papers?

In total secrecy, from inside of a specially-secured room, almost 100 proofreaders, typesetters, and printing operators prepared the 90,000 words that would make history: the June 13, 1971 issue of the New York Times that broke the story now known as the Pentagon Papers.

Why did the Times stop publishing?

Sued by the Nixon administration, the Times halted publication to defend its First Amendment rights in a w hirlwind two-week litigation, culminating in a Supreme Court victory for the Times and a landmark precedent for press freedom.

Who published the Pentagon papers?

Daniel Ellsberg gradually began copying pages of the Pentagon Papers and approached staff members on Capitol Hill, attempting to interest those who worked for members of Congress in the documents. With the staff members unwilling to accept the documents or skeptical of his findings, Ellsberg decided to go to the press instead and the newspaper that published the Pentagon Papers was the New York Times.

When were the Pentagon papers published?

American journalism experienced a significant milestone when the Pentagon Papers were published by the New York Times in 1971. This was the first time a national newspaper had managed to obtain such a top-secret government document, and the publication was able to reveal many government actions to the public that were being kept a secret.

When did the New York Times get an injunction?

After reading the headline on June 15, 1971 , the federal government took the matter to court, and managed to obtain an injunction to prevent the New York Times publishing any more documents.

Did the Pentagon Papers affect Nixon?

While the information in the Pentagon Papers didn’t directly impact the Nixon administration , the fact the court had granted their publication made the government even more wary of what information could be made public in the future.

When was the 793 E in the New York Times?

I have some familiarity with Section 793 (e) because, in 1971, it was the basis on which the government enjoined the New York Times from publication of the “Pentagon Papers” for 17 days, until the U.S. Supreme Court decided that such an injunction violated the First Amendment.

What would happen if Julian Assange was found guilty of conspiring with Manning?

If Assange is found guilty of conspiring with Manning under this indictment, which incorporates the Espionage Act, this will be a blow to the First Amendment. It will criminalize the news-gathering process and will be a precedent for future cases concerning leaks.

Why did Julian Assange crack a code?

government has attempted to divert attention from the basic fact that this indictment punishes the publication of truthful information by making it seem that Assange “cracked” a code to permit Manning to have access to further classified information, which Manning in turn then could leak to Assange.

Can a defendant be prosecuted for a crime other than that on which the surrendering country agreed to extra

It is true that the extradition treaty states that a defendant cannot be prosecuted for any offense other than that on which the surrendering country agreed to extradite. But the treaty excludes from this rule any charges “based on the same facts as the offense for which extradition was granted.”.

Is the Assange case a bait and switch?

References to a conspiracy under the Espionage Act in the Assange indictment raise the question of whether the U.S. government is going for a bait-and-switch — get Assange past the English courts and to the United States, only to charge him with espionage when he is on American soil. It is true that the extradition treaty states ...

Did Julian Assange get charged under the Espionage Act?

While it is true, as others have noted, that the government has not charged Assange under the Espionage Act — against which Assange would have the strongest defense under the First Amendment — the government has alleged that he and Army intelligence analyst Chelsea Manning participated in a conspiracy under the Espionage Act.

Will Julian Assange be extradited?

When Assange arrives in the United States through extradition, as many expect he will, the government will then be able to indict him for his participation in that election. It is not out of the question that the government will come up with additional charges against Assange.

What did the Pentagon Papers Reveal in 1971 quizlet?

T he Pentagon papers revealed that 4 successive presidents had essentially lied about America’s involvement in Vietnam.

What was published in The New York Times in 1971?

Pentagon Papers New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the US Supreme Court on the First Amendment. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Who first wanted to take action against The New York Times for publishing the Pentagon Papers quizlet?

President Nixon did not want the New York Times to publish any more articles. Nixon argued that publishing the Pentagon Papers was harmful to U.S. national security.

What issue was at the heart of New York Times vs United States?

Summary. The decision by the New York Times and Washington Post to print illegally leaked, classified documents about American involvement in the Vietnam War sparked a First Amendment battle between the highest levels of government and two of the most respected newspapers in the country.

Why was Pentagon Papers important?

Impact. The Pentagon Papers revealed that the United States had expanded its war with the bombing of Cambodia and Laos, coastal raids on North Vietnam, and Marine Corps attacks, none of which had been reported by the American media.

When was the release of the Pentagon Papers?

In June 2011, the documents forming the Pentagon Papers were declassified and publicly released. Shortly after their release in June 1971, the Pentagon Papers were featured on the cover of Time magazine for revealing “The Secret War” of the United States in Vietnam.

Who was the lawyer for the New York Times when they published the Pentagon Papers?

Floyd Abrams, who represented The Times in the litigation, and others reflect on the publication of the papers 50 years ago. Also: Arresting a 7-year-old; killing living things. This weekend, a special section in The Times commemorates the 50th anniversary of the Pentagon Papers.

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