Should The United States Be Allowed To Read The Pentagon Paper?

In 1971 the New York Times and Washington Post had to make a decision to print illegally leaked, classified documents about the American involvement in the Vietnam War. The debate had begun by a man by the name of Daniel Ellsberg who had managed to copy over 7000 pages of highly classified documents. The documents contained and revealed the secret history of the government's true involvement in the Vietnam War. Furthermore, these extremely confidential documents exposed that the government had hidden knowledge that the Vietnam war had cost more lives than what the public was led to believe. All of the classified information would later come to be known as the "Pentagon Papers."

The Supreme Court of the United States (Supreme Court) was allowed a certiorari or a writ by the higher courts that allow reviews of decisions that pertain to a lower court. This order would put into consideration whether the United States could demand that the New York Times and the Washington Post print the Pentagon Papers. Yet, many believed that freedom of speech could be suppressed provided that imminent harm can be proven.

The New York Times and The Washington Post were petitioning to be allowed to print the Pentagon Papers in their newspapers.

The United States government (Respondent) argued that if the Pentagon Papers were published, it would cause the public to go against the government. Additionally, The United States Government argued that the nation's security would be put at risk since the documents were obtained illegally. While the case was been argued and reviewed the District Courts for New York and the District of Columbia, along with the D.C. Circuit Court of Appeals all held that the government did not meet the burden of showing justification for the imposition of an

injunction.
The Chief Justice Warren Burger was elected to assist in reviewing the case of what could be applied regarding the First Amendment and how much could the Constitutional rights could be extended and granted. This is turn made The Court, realize just how much of a difficult decision it was going to be.Some of the key components of the case revolved around the decision of publishing the Pentagon Papers and if they did impose an imminent danger to national security and if the people should be made aware of any future dangers. However, the court would eventually grant the decision to The New York Times, holding that the First Amendment rights of the Constitution.

In the end New York Times Co.v. United States argued that censorship may be temporarily lifted provided that national security is threatened and validated. The 1st Amendment should be able to provide all forms of media, the ability to inform the public if the goverment is witholding information that may put our national security at a risk. Even though both sides argued different points of the consequences of publishing sensntive information, one could not ignore that both sides were preoccupied on keeping the nation safe.