## Facts

- The federal government sought to block two newspapers from publishing excerpts of a classified Defense Department study on U.S. decision-making regarding Vietnam (the “Pentagon Papers”).
- In the New York litigation, a federal district court initially issued a temporary restraining order but ultimately refused to enjoin further publication, finding the government had not carried its burden to justify prior restraint.
- In the Washington Post litigation, a federal district court likewise denied an injunction.
- On appeal, the Second Circuit sustained restraint in part in the New York litigation, while the D.C. Circuit allowed publication in the Washington Post litigation.
- The Supreme Court granted review and resolved both cases on an expedited schedule.

## Issues

1. Whether the government satisfied the constitutionally required showing to impose a prior restraint on publication by the press.
2. What burden the government must meet to justify an injunction restraining publication claimed to endanger national security.

## Decision

- The Court ruled 6–3 in a per curiam decision that the government did not meet the “heavy burden” required to justify prior restraint.
- The judgment allowing publication in the Washington Post case was affirmed.
- The order restraining the New York Times was reversed and remanded with directions consistent with denying an injunction.
- The Court reaffirmed a “heavy presumption” against the constitutional validity of prior restraints and concluded the government’s showing on this record was insufficient.

## Legal Principles

- Prior restraints on expression are presumptively unconstitutional and come to court with a heavy presumption against validity.
- The government bears a heavy burden to justify an injunction restraining publication.
- In national security contexts, an injunction requires an extraordinary evidentiary showing of grave harm; allegations resting on speculation are inadequate.
- Separation-of-powers concerns limit judicial creation of censorship remedies absent clear legislative authorization.

## Conclusion

The Court refused to enjoin publication of the Pentagon Papers because the government failed to carry the heavy burden required to overcome the strong constitutional presumption against prior restraints on the press.


New York Times Co. v. United States, 403 U.S. 713 (1971)