A reading of the 1971 Supreme Court case New York Times v. United States which addresses the Nixon administration's efforts to prevent the publication of what it considered to be "classified information" in an act that the Court considered to be "prior restraint." Prior restraint is, essentially, censorship that prevents the publication of specific information beforehand. In Near v. Minnesota (1931), the Court held prior restraints to be unconstitutional, with the exception of extremely limited circumstances such as serious threats to national security. In New York Times v. United States, the Supreme Court affirmed the prior restraint doctrine when they allowed newspapers to print the Pentagon Papers in 1971. The Pentagon Papers were secret documents about the Vietnam war that had been stolen by a former Pentagon employee and given to the New York Times and the Washington Post to publish. The federal government claimed that publishing the documents would be a threat to national security. But, the Court asserted that it was the government's burden to prove that the publication of such documents would cause "inevitable, direct, and immediate danger to the united states" and it (the government) had not done so in this case. The Court held that the newspapers not only had a right to publish the information at issue, but also that the public had a right to hear it.
The question before the Court was weather the Nixon administration's efforts to prevent the publication of the Pentagon Papers violate the First Amendment? In a per curium opinion, the Court said it did.
This audio includes the primary text of the dissenting opinion, but excludes citations in order to create a better listening experience. You may access the full opinion and other essential case information on Oyez.org at the link below: