National security archive electronic briefing book no. Research paper on the pentagon papers case 1661 words. Dec, 2018 the court case moved though the federal courts at surprising speed, and arguments were held at the supreme court on saturday, june 26, 1971, only days after the first installment of the pentagon papers appeared. Oh right, amazon wasnt around in 1971 to cave in to pressure from right wing politicians to betray the first amendment right to publish classified materials that have been leaked by others. The article is entitled a modernday pentagon paper in a postpentagon papers world. Notable first amendment court cases advocacy, legislation. The pentagon papers the people, the case and legal. Supreme court rules on the pentagon papers washington post. Daniel ellsberg explains why he leaked the pentagon papers in 1971, ellsberg leaked the pentagon papers to the press in the hope that they would help end the. Douglas asked a government lawyer if the department of justice views the no law language in the first. Supreme court, 63, upholds newspapers on publication of pentagon report thursday, july 1, 1971 special to the new york times ashington, june 30 the supreme court freed the new york times and the washington post today to resume immediate publication of articles based on the secret pentagon papers on the origins of the vietnam war. In the process, it also shows how a closer study of this signal event can illuminate questions of government responsibility in any era.
United states pentagon papers case print email details. The swirling storm around wikileaks today reinforces the need to defend the right of all media to reveal the truth. What the court issued instead was a per curiam opinion, fitting on one page. It also includes the court proceedings in the case of the new york times. The newspaper appealed the injunction, and the case new york times co. Nbc also notes that in 2011, the national archives declassified the pentagon papers, making the entire document available to the public. The papers were subsequently published in book form as the pentagon. Pentagon papers case legal definition of pentagon papers case. The defense department history of united states decision making on vietnam.
Supreme court decisionsintroductionthe supreme court s decision on pentagon papers case is one of landmark supreme court cases, and for good reason. Saying that publication would damage national security, president nixon went to court to stop the presses. Inside the pentagon papers university press of kansas. The book says jfk continued americas involvement in vietnam. The pentagon papers was the name given to a topsecret department of defense study of u. No recent supreme court case better illustrates the potential conflict between the imperatives of press freedom and national security than that of the pentagon papers. United states, affirmed historical precedents supporting freedom of the press against prior government restraint. For that matter, is it ever told in the law books or the movies that the court, in the pentagon papers case, produced no law, but only a decision to withhold the injunction, though the. The ruling made it possible for the new york times and the washington post newspapers to publish the thenclassified pentagon papers without risk of government censorship or punishment.
The inside story of the pentagon papers and other battles, which includes his account representing the times before the supreme court in the pentagon papers case. But the fact remains that when jfk was alive and in office the number. Daniel ellsberg was charged with theft, conspiracy and violations of the espionage act for leaking the pentagon papers, but his case was dismissed as a mistrial when evidence emerged about wiretappings and breakins that had been ordered by the government. Behind the race to publish the topsecret pentagon papers the. The pentagon papers, officially titled report of the office of the secretary of defense vietnam.
Posted june 10, 2011 updated june, 2011 edited by john prados. Dec 07, 2010 quote in its landmark ruling in the pentagon papers case, the us supreme court said only a free and unrestrained press can effectively expose deception in government. Inside the pentagon papers modern war studies paperback. The supreme court of the united states then accepted the case. Behind the race to publish the topsecret pentagon papers. No recent supreme court case better illustrates the potential conflict between the imperatives of press freedom and national security than that of the pentagon papers in 1971, the pentagon papers the defense departments topsecret study of the growth of united states military involvement in vietnam were leaked by a government official to the new york times. Amazon pulled wikileaks from their site because it represented classified government documents. But the fact remains that when jfk was alive and in office the number of american military personnel in vietnam was around 16,000. The supreme courts 1971 decision in the pentagon papers case, new york times co. This is the lesson of the pentagon papers experience, and it may be relevant now.
Expert commentary from archive analyst john prados. This book is the definitive edition of the pentagon papers as published by the new. But the pentagon papers case may, a decade later, be best recalled in justice blacks opinion, the last he would write on the court. Ellsberg got the pentagon papers to the public, first. Government regarding publication of the 2009 afghanistan assessment the case study is, as its title implies. And on that point, there has been no clearer example than the pentagon papers case. The arguments at the supreme court lasted for two hours. Heres what the trailblazer was like in real lifeand how the washington post and a set. A study prepared by the department of defense, a 47volume, 7,000page, topsecret united states department of defense history of the united states political and military involvement in the vietnam war from 1945 to 1971. The three dissenters also argued that sensitive and complex foreign policy decisions of the sort raised in the pentagon papers case should be undertaken only by those directly responsible to the people whose welfare they advance or imperil, not judges. Greenfield are shown in an office of the new york times in new york, may 1, 1972, after it was announced the team won the pulitzer prize for public.
When daniel ellsberg leaked a secret government study about the. Often referred to as the pentagon papers case, the landmark supreme court decision in new york times co. There are also two books from the washington posts ben. The court was so divided that no single opinion carried a majority of the judges, with a claim to be the official holding in the case. That affair is now part of history, but the story behind the case has much to tell us about.
In this 1971 case, which also called the pentagon papers case, the supreme court ruled that the us government could not block the publication of secret department of defense documents illegally furnished to a newspaper by antiwar activists. Pentagon papers case vindicates julian assange stephen. The press was to serve the governed, not the governors. In 20, james goodale, the former general counsel and vice chairman of the new york times, published fighting for the press. Shop all books by judge napolitano congress shall make no law abridging the freedom of speech. Jun 30, 2016 1971 supreme court allows publication of pentagon papers the lawyers who represented the times before the supreme court in the 1971 pentagon papers case included james goodale, second from right. The pentagon papers are released in full to the public. Reporters were infringing on the s of the pentagon. This page contains summaries of frequently cited first amendment cases.
Daniel ellsberg 1931, a former defense analyst, set in motion a chain of events that led to a landmark supreme court ruling that said government efforts to halt publication of the pentagon papers represented a prior restraint in violation of the first amendment freedom of the press. The post takes place in 1971 and chronicles how the washington post defied the nixon administration to publish stories based on the pentagon papers, a secret government study about the. The new york times has opened a times topic on the pentagon papers, available here, featuring collected times articles along with links to audio of the supreme court arguments, the text of the papers, and other resources. In 1971 former cold war hardliner daniel ellsberg made history by releasing the pentagon papersa 7,000page topsecret study of u. Pentagon papers case vindicates julian assange stephen lendman. The pentagon papers the people, the case and legal concepts.
The papers were released by daniel ellsberg, who had worked on the study. In making this site, the times appears to have provided free access to three reflections written. After hearing oral argument from solicitor general erwin griswold and lawyers for the newspapers, the supreme court on june 30, 1971, ruled 63 against the issuance of a prior restraint, allowing the. Punishing the free speech of julian assange lewrockwell. Inside the pentagon papers addresses legal and moral issues that resonate today as. On friday, june 25, 1971, the supreme court agreed to hear the case. Daniel ellsberg explains why he leaked the pentagon papers. Feb 27, 2018 the post depicts katharine grahams historicand riskylegal battle to publish the pentagon papers. And this book throws fresh and important light on those issues. The administration argued this both in the pentagon papers court case and in the subsequent criminal prosecution of daniel ellsberg and his confederate, anthony j. United states 1971, the case dealing with the pentagon papers, the supreme court found prior restraint unconstitutional even when dealing with classified documents. Pentagon papers case vindicates julian assange global. They were given without authorization to the new york times by daniel ellsberg, who worked on the project.
The pentagon papers case involved which of the following legal concerns. Pentagon papers, papers that contain a history of the u. United states 1971, also called the pentagon papers case, defended the first amendment right. This conversation with attorney general mitchell also reveals the presidents frustration with j. The documents in the study became known as the pentagon papers. The pentagon papers was the name given to a topsecret. Chief justice burger, along with justices harlan and blackmun, supported the governments position. After the paper refused, rehnquist sought an injunction in u. The true meaning of the pentagon papers by hadley arkes. Research paper on the pentagon papers case 1661 words 7 pages albo 1 harrison albo mrs. James goodale was general counsel for the nyt when the supreme court ruled on the pentagon papers case. After 40 years, the complete pentagon papers by michael cooper and sam roberts the new york times june 7, 2011.
Applying the doctrine of prior restraint from near v. Jan 29, 2018 the untold story of the pentagon papers coconspirators. The pentagon papers case affirms freedom of the press. Though an incomplete version of the pentagon papers was published in book form later in 1971, the study. To one side, ellsberg is a disloyal official who betrayed his country and escaped punishment thanks only to richard nixons own illegal behavior. I dont really see a lot in this massive book about the pentagon papers to make me doubt those conspiracy theories. The lawyers who represented the times before the supreme court in the 1971 pentagon papers case included james goodale, second from right.
Collections and archives about the pentagon papers. Arranged by topic, they cover case law issued by a variety of courts. Knotts 3 english h february 27, 2012 the pentagon papers case in the past, there has always been conflict between the free press and the government. The pentagon papers a decade later the new york times. Inside the pentagon papers addresses legal and moral issues that resonate today. The court case moved though the federal courts at surprising speed, and arguments were held at the supreme court on saturday, june 26, 1971, only days after the first installment of the pentagon papers appeared. The pentagon papers, officially titled report of the office of the secretary of defense vietnam task force, is a united states department of defense history of the united states political and military involvement in vietnam from 1945 to 1967. The supreme court ruled that the printing of the papers was covered under the first amendment and was legal, according to nbc. Reading the pentagon papers is like watching a movie and the ending is already known.
When the new york times and washington post began publishing the secret pentagon papers this month, they provoked a frontpage constitutional controversy. Speaking publicly for the first time, a historian reveals the crucial role that he and a small band of others played in helping daniel. The only mystery after the oral argument was how the courts center would vote. Inside the pentagon papers addresses legal and moral issues that resonate today as debates continue over government secrecy and democracys requisite demand for truthfully informed citizens. The post movie what are the pentagon papers washington post. Quote in its landmark ruling in the pentagon papers case. Guided by the domino theory if vietnam fell to communist so would the rest of asia, the us government acted as if vietnam was the last redoubt. Dec 20, 2017 it was argued the next day and, on june 30, less than three weeks after the times published its first story on the pentagon papers, the court ruled in favor of the times and the post, allowing. Government has continued to take the position that the pentagon papers remained secret even though anyone could read them. This sequel to the bestselling may it please the court focuses on key first amendment cases illustrating the most controversial debates over issues of free speech, freedom of the press, and the right to assemble, including. Newspapers were libeling the president and his administration by exposing their lies. The trump regimes case against assange is all about silencing it ignoring the constitutions first amendment, upheld by the supreme court in the pentagon papers case and other landmark rulings. The untold story of the pentagon papers coconspirators the.
In 1971, the pentagon papers the defense departments topsecret study of the growth of united states military involvement in vietnam were leaked by a government official. The report that would later become famous as the pentagon papers was the united statesvietnam relations, 19451967. In what became known as the pentagon papers case, the nixon administration attempted to prevent the new york times and washington post from publishing materials belonging to a classified defense department study regarding the history of united states activities in vietnam. John prados is the author of numerous books including hoodwinked.
The pentagon papers supreme court briefs and opinions. Supreme court, 63, upholds newspapers on publication of. The book has the actual memos and papers written by those us government officials involved in directing the war. The pentagon papers case has given rise to two opposing narratives that reflect the deep polarization of american society since vietnam. A modernday pentagon paper in a postpentagon papers. Supreme court cases known collectively as the pentagon papers case, the late justice william o.
710 742 1320 659 1063 32 110 1520 1032 524 651 158 1303 1366 386 1491 974 57 123 671 1207 225 260 143 1148 1150 1002 1501 308 137 767 42 140 281 794 1014 1298 1055 454 500 849 502 214 831 377 631 1102 1326 1179