Wiki User
∙ 14y agoNew York Times v. United States, 403 US 713 (1971)
The New York Times and The Washington Post had acquired copies of a classified Department of Defense document, "History of U.S. Decision-Making Process on the Vietnam Policy" (aka the Pentagon Papers) from an unknown source. After the Times published the first in a series of articles related to the sensitive information, President Nixon claimed executive authority to exercise "prior restraint," a legal prohibition against certain First Amendment rights, to force the newspapers to suspend publication of the report.
Attorney General John Mitchell and Assistant District Attorney William Rehnquist sought a court-ordered injunction against the newspapers under Section 793 of the Espionage Act, claiming publication would cause "irreparable injury to the defense interests of the United States." The District and Circuit courts rejected the request.
Both the Times and the United States government appealed to the Supreme Court.
In a 6-3 Per Curiam decision, the Court affirmed the lower court rulings and upheld the right of the newspapers, concluding the government had not met the burden of proof that publication of the Pentagon Papers would create a "grave and irreparable injury" to the United States.
The Court further held that the government hadn't met any of the three exceptions established in Near v. Minnesota, 283 US 697 (1931) allowing them to curb the publishers' First Amendment rights.
Wiki User
∙ 14y agoNew York Times v. United States was a landmark Supreme Court case in 1971 that dealt with the publication of the Pentagon Papers, a classified government study on the Vietnam War. The case tested the limits of prior restraint and freedom of the press, ultimately ruling in favor of the New York Times and allowing them to continue publishing the papers. The case reaffirmed the importance of a free press in holding the government accountable.
Henry Flanders has written: 'The Lives And Times Of The Chief Justices Of The Supreme Court Of The United States' 'An Exposition of the Constitution of the United States'
new york times VS united states
new york times VS united states
Arthur H. Garrison has written: 'Supreme court jurisprudence in times of national crisis, terrorism, and war' -- subject(s): War and emergency powers, United States. Supreme Court, Separation of powers, United States, Executive power, History
New York Times v. United States, 403 US 713 (1971)For more information, see Related Questions, below.
I'm not sure what article you're referencing, but it's likely referring to the United States Supreme Court. The United States Supreme Court is the highest court in the country, with jurisdiction over federal and state court cases.
According to Article III, Section 1 of the Constitution, the US Supreme Court is the highest appellate court in the United States. Once the Supreme Court issues a decision, the rule of res judicata applies, which means that is the final, binding, legal verdict for the case. There matter is settled, and there is nowhere else to go.Article III, Section 1The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
No~ The US Code says that it's illegal to burn the flag, but the United States Supreme Court has concluded several times that burning the flag is a protected form of speech.
Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate heavier or lighter caseloads in response to the addition of States or legislation increasing the number of federal courts over which the Supreme Court has appellate jurisdiction. On several occasions, Congress has used this authority to reduce the size of the Court as a check on the power of the President, to prevent him from filling a vacancy or potential vacancy. For more information, see Related Questions, below.
In the US, the Constitution and the Constitution of the United States is the same thing; they aren't two different documents, so there is no "both."Yes, Article III of the Constitution (aka US Constitution, Constitution of the United States) required Congress to establish one Supreme Court, and also permitted them to create whatever "inferior courts" (meaning lower than the Supreme Court) they needed to handle the federal government's legal business.Article III, Section I"The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."
The United States Supreme Court in the 1971 case of the New York Times vs. United States, Th Court in an unanimous decision (6-3) upheld the New York Times and the Washington Post to print the Pentagon papers. In the United States, the people's first amendment was protected over the executive's branch the right to keep the documents secret. In Vietnam, there were no consequences on American lives resulting from this decision. At the time, there were over 59,000 American lives already lost in Vietnam before the printing of the Pentagon papers.
The Supreme Court of the United States isn't actually specified by name, but by function. Congress could have named the Supreme Court the "United States High Court" if they'd chosen and still been within the letter of the Constitution, as long as the designated court fulfilled all the requirements set forth in Article III and any other Articles, Sections, Clauses or Amendments that might affect its function. (For example, the Eleventh Amendment revoked the US Supreme Court's original jurisdiction over disputes between a state and citizens of another state.)Article III, Section 1"Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.""Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;*--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects."In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed."Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court."The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted."Eleventh Amendment*"The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."