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New York Times v. the United States

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New York Times v. the United States

Question 1

According to the Freedom of the Press video, Pentagon papers are is referred to as the Supreme Court decision in the case of New York Times v. the United States. In this case, the Supreme Court defended the first amendment that fostered the freedom of the press which the government held a prior restraint. This happened in the year 1967 when Robert McNamara who was Secretary of Defense established a Vietnam War study secretary. Nonetheless, an employee secretly presented copies of the same to a New York Times news company. As a result, the New York Times started publishing these documents terming them as “Pentagon Papers.”

Question 2

Notably, after the first document was published, the federal government sort a prior restraint against the Washington Post and the New York Times. Through the prior restraint, the government wanted the Supreme Court to prevent the press from publishing portions of the pentagon papers. This aspect was opposed to the concept of seeking for legal consequences after the New York Times published the papers. The government was more concentrated on prior restraint because it needed to protect national security. Also, the government argued that a prior restraint would be vital in protecting its efforts towards the Vietnam War which had taken shape.

Question 3

After listening to New York Times v. United States case, the Supreme Court found the government’s prior restraint request unconstitutional. Although most of the justices failed to agree on some of the most important issues, they agreed that deception in governments can only be exposed by a free press. The Court was convinced that the New York Times had revealed elements of the government that had contributed to the Vietnam War. Given this fact, the Court dismissed the government’s claim that the New York Times had threatened national security. Importantly, the first amendment is the most significant case that asserts the rights of the press in the United States history.

Question 4

I believe that Elisberg put the nation at risk by releasing the papers. The leaked files contained massive information about the United States surveillance program. Chiefly, the program was meant to spy terrorists by collecting and analyzing personal data. In this case, releasing this type of information to the public comprised the national security to a great extent. Informing the enemy about the government’s efforts puts the nation and the world in great danger. As a result, I believe the government should be allowed to have such secrecy to some extent. Preventing a prior restraint means that anyone is free to publish any type of information that they come across and no one can stop them. This aspect would be dangerous in the efforts towards fighting controversial wars.

Question 5

Democracy would not perform effectively without freedom of speech. Democracy is all about the freedom of the press and free speech. Notably, a democratic country means a powerful society. Importantly, for a society to be powerful, it should be informed. In this case, the press plays a significant role in making sure that people access trustworthy and important information constantly. Emphasizing on a free flow of information is a decisive move towards preserving democratic elements. Moreover, a free press serves as an independent watchdog that keeps organizations and government businesses on the check. Overall, a free press is central to a democratic nation.

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