Feeling Disillusioned by the Legal Profession?
In 1971, the Pentagon Papers, a top-secret United States Department of Defence history of the US involvement in Vietnam, were brought to the attention of the public on the front page of the New York Times.
In the case of New York Times Co v United States, 403 U.S. 713, US President Richard Nixon claimed executive authority to force the NY Times to suspend publication of classified information in its possession. The question before the court was whether the constitutional freedom of the press under the First Amendment of the United States Constitution was subordinate to a claimed Executive need to maintain the secrecy of information.
The Supreme Court ruled that First Amendment did protect the New York Times' right to print said materials.
In an uplifting judgment Justice Black and Justice Douglas made their sentiments on the matter clear:
[W]e are asked to hold that, despite the First Amendment's emphatic command, the Executive Branch, the Congress, and the Judiciary can make laws enjoining publication of current news and abridging freedom of the press in the name of "national security." The Government does not even attempt to rely on any act of Congress. Instead, it makes the bold and dangerously far-reaching contention that the courts should take it upon themselves to "make" a law abridging freedom of the press in the name of equity, presidential power and national security, even when the representatives of the people in Congress have adhered to the command of the First Amendment and refused to make such a law. To find that the President has "inherent power" to halt the publication of news by resort to the courts would wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make "secure." No one can read the history of the adoption of the First Amendment without being convinced beyond any doubt that it was injunctions like those sought here that Madison and his collaborators intended to outlaw in this Nation for all time. The word "security" is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic.”

