New York Times Co. v. US Supreme Court Case

New York Times Company v. United States (1971) pitted First Amendment freedoms against national security interests. The case dealt with whether or not the executive branch of the United States government could request an injunction against the publication of classified material. The Supreme Court found that  prior restraint carries a heavy presumption against constitutional validity. Fast Facts: New York Times Co. v. United States Case Argued: June 26, 1971Decision Issued: June 30, 1971Petitioner: New York Times CompanyRespondent: Eric Griswold, Solicitor General for the United StatesKey Questions: Did the Nixon Administration violate freedom of the press under the First Amendment when they attempted to block publication of the Pentagon Papers?Majority: Justices Black, Douglas, Brennan, Stewart, White, MarshallDissenting: Justices Burger, Harlan, BlackmunRuling: Government should not have restricted publication. There is a â€Å"heavy presumption† against prior restraint and the Nixon Administration could not overcome that presumption. Facts of the Case On October 1, 1969, Daniel Ellsberg unlocked a safe in his office at Rand Corporation, a prominent military contractor. He pulled out a portion of a 7,000-page study and brought it to a nearby advertising agency above a flower shop. It was there that he and a friend, Anthony Russo Jr., copied the first pages of what would later become known as the Pentagon Papers.   Ellsberg eventually made a total of two copies of History of U.S. Decision-Making Process on Vietnam Policy,† which was labeled â€Å"Top Secret - Sensitive.† Ellsberg leaked the first copy to New York Times reporter Neil Sheehan in 1971, after a year of trying to get lawmakers to publicize the study.   The study proved that former President Lyndon B. Johnson had lied to the American people about the severity of the Vietnam War. It exposed that the government knew the war would cost more lives and more money than previously projected. By the spring of 1971, the U.S. had been officially involved in the Vietnam War for six years. Anti-war sentiment was growing, though President Richard Nixon’s administration seemed eager to continue the war effort.   The New York Times began printing portions of the report on June 13, 1971. Legal matters escalated quickly. The government sought an injunction in the Southern District of New York. The court denied the injunction but issued a temporary restraining order to allow the government to prepare for an appeal. Circuit Judge Irving R. Kaufman continued the temporary restraining order as hearings in the U.S. Court of Appeals proceeded.   On June 18, The Washington Post began printing portions of the Pentagon Papers. On June 22, 1971, eight circuit court judges heard the government’s case. The following day they issued a finding: The U.S. Court of Appeals declined the injunction. The government turned to the highest court for review, filing a petition with the U.S. Supreme Court. Attorneys for both parties appeared before the Court for oral arguments on June 26, only a week and a half after the government pursued its initial injunction. Constitutional Question Did the Nixon administration violate the First Amendment when it sought to prevent the New York Times and the Washington Post from printing excerpts of a classified government report? Arguments Alexander M. Bickel argued the case for the New York Times. Freedom of the press protects the publications from government censorship and, historically speaking, any form of prior restraint has been scrutinized, Bickel argued. The government violated the First Amendment when it sought to restrain two newspapers from publishing articles in advance. The U.S. Solicitor General, Erwin N. Griswold, argued the case for the government. Publishing the papers would cause irreparable harm to the government, Griswold argued. The papers, once made public, could hinder the administration’s relations with foreign powers or jeopardize current military endeavors. The Court should grant an injunction, allowing the government to exercise prior restraint, in order to protect national security, Griswold told the Court. Griswold noted that the papers were classified top secret. If given 45 days, he offered, the Nixon administration could appoint a joint task force to review and declassify the study. If allowed to do so, the government would no longer seek an injunction, he said. Per Curiam Opinion The Supreme Court issued a three-paragraph per curiam decision with a six-judge majority. Per curiam means by the court. A per curiam decision is written and issued by the court as a whole, rather a single justice. The Court found in favor of the New York Times and denied any act of prior restraint. The government, â€Å"carries a heavy burden of showing justification for the imposition of such a restraint,† a majority of justices agreed. The government could not meet this burden, making a restraint on publication unconstitutional. The Court vacated all temporary restraining orders issued by lower courts. This was all that Justices could agree on. Justice Hugo Black, in concurrence with Justice Douglas, argued that any form of prior restraint was against what the Founding Fathers intended in enacting the First Amendment. Justice Black commended the New York Times and the Washington Post for publishing the Pentagon Papers.   Justice Black wrote: â€Å"Both the history and language of the First Amendment support the view that the press must be left free to publish news, whatever the source, without censorship, injunctions, or prior restraints.† To ask for an injunction, Justice Black wrote, was to ask for the Supreme Court to agree that the Executive Branch and Congress could violate the First Amendment in the interest of â€Å"national security.† The concept of â€Å"security† was far too broad, Justice Black opined, to allow for such a ruling. Justice William J. Brennan Jr. authored a concurrence that suggested prior restraint could be used in the interest of national security, but that the government would have to show inevitable, direct, and immediate negative consequences. The government could not meet this burden in terms of the Pentagon Papers, he found. Attorneys for the government had not offered the court specific examples of how releasing the Pentagon Papers could imminently harm national security. Dissent Justices Harry Blackmun, Warren E. Burger, and John Marshall Harlan dissented. In independent dissents, they argued that the Court should defer to the executive branch when national security is questioned. Only government officials could know the ways in which information could harm military interests. The case had been rushed, both justices argued, and the Court had not been given enough time to fully evaluate the legal complexities at play. Impact New York Times Co. v. U.S. was a victory for newspapers and free press advocates. The ruling set a high bar government censorship. However, the legacy of New York Times Co. v. U.S. remains uncertain. The Court presented a fractured front, producing a per curiam decision that makes it difficult for prior restraint to occur, but does not outlaw the practice entirely. The ambiguity of the Supreme Courts ruling as a whole leaves the door open to future instances of prior restraint. Sources New York Times Co. v. United States, 403 U.S. 713 (1971).Martin, Douglas. â€Å"Anthony J. Russo, 71, Pentagon Papers Figure, Dies.†Ã‚  The New York Times, The New York Times, 9 Aug. 2008, https://www.nytimes.com/2008/08/09/us/politics/09russo.html.Chokshi, Niraj. â€Å"Behind the Race to Publish the Top-Secret Pentagon Papers.†Ã‚  The New York Times, The New York Times, 20 Dec. 2017, https://www.nytimes.com/2017/12/20/us/pentagon-papers-post.html.

The Strange Career Of Jim Crow Essay - 1417 Words

Comer Vann Woodward was an American historian who concentration emphasized on the American south and race relations in the united states. He was born in 1908 in eastern, rural Arkansas. He attended Henderson-Brown College, in Arkadelphia, Arkansas for two years. He then transferred to Emory University in Atlanta, Georgia in which his uncle was dean of students and a sociology professor. After Woodward graduated from Emory university, he became an English professor at Georgia Institute of Technology (Georgia teach) and taught English composition for two years. In 1931, Woodward enrolled into graduate school at Columbiana university. He received a Master’s of Arts in 1932. In 1947, he received his Doctor of Philosophy (Ph.D.) in history from The University of North Carolina at Chapel Hill. He was a professor at Johns Hopkins University from 1946 to 1961. He then became Sterling Professor of History at Yale University from 1961 to 1977, in which he taught graduate students and un dergraduates. Woodward s most influential work is The Strange Career of Jim Crow which was published in 1955. In the book, he explained how segregation was not inevitable. In the 1960s, Dr. Martin Luther King, Jr. claimed the book to be, the historical bible of the Civil Rights Movement. His second most influential work is Origins of the New South, 1877-1913. It was published in 1951. He held the Gold Medal of the National Academy and Institute of Arts and Letters and was a member of the BritishShow MoreRelatedThe Strange Career Of Jim Crow862 Words   |  4 PagesJim crow laws In the 18th century the civil war had brought in end to slavery ,when the union beat the confederacy.Many people believe that slavery ended right there, and that anything else that happened to African Americans after that was due to racism of the people of that time.When in reality that change had caused ripples, that would shape history and the way people think all the way till today.Using historical ideas ,journals ,and such C.Vann Woodward in The Strange Career Of JIM CROW Read MoreThe Strange Career Of Jim Crow Essay1198 Words   |  5 PagesJim Crow laws were also known as â€Å"Black Codes† in many parts of the United States. C. Vann Woodward’s book The Strange Career of Jim Crow: A Commemorative Edition explains the history of racial segregation in America from the end of the Civil War until the mid-1960s. The system of slavery that existed before the Civil War â€Å"†¦made separation of the races for the most part impracticable.† Racial segregati on was not encoded in law until after the Civil War. Woodward’s book is an effective history ofRead MoreThe Strange Career Of Jim Crow Essay1173 Words   |  5 PagesThe  University of North Carolina at Chapel Hill. Then he taught at  Johns Hopkins University. He made the achievement of becoming Sterling Professor of History at  Yale  University from 1961 to 1977. Woodward s most influential work is  The Strange Career of Jim Crow  which was published in 1955. In the book, he explained how segregation was not inevitable. In the 1960s, Dr.  Martin Luther King, Jr.  claimed the book to be the historical bible of the Civil Rights Movement (Dr. Fallin, class lecture, nRead MoreThe Strange Career of Jim Crow1765 Words   |  8 PagesThe Strange Career of Jim Crow When The Strange Career of Jim Crow was first published in 1955, it was immediately recognized to be the definitive study of racial relations in the United States. Professor Woodward discusses the â€Å"unanticipated developments and revolutionary changes at the very center of the subject.† Dr. Martin Luther King Jr. referred to the book as the historical bible of the civil rights movement. The Strange Career of Jim Crow won the Pulitzer for Mary Chestnut’s Civil WarRead MoreEssay on The Strange Career of Jim Crow1336 Words   |  6 PagesThe Strange Career of Jim Crow C. Vann Woodward’s book, The Strange Career of Jim Crow, has been hailed as a book which shaped our views of the history of the Civil Rights Movement and of the American South. Martin Luther King, Jr. described the book as â€Å"the historical Bible of the civil rights movement.† The argument presented in The Strange Career of Jim Crow is that the Jim Crow laws were relatively new introductions to the South that occurred towards the turn of the century rather thanRead MoreEssay The Strange Career of Jim Crow1834 Words   |  8 PagesThe Jim Crow laws were local and state laws that were supposedly â€Å"separate but equal,† but instead blacks were inferior to the whites due that to the social, educational, and economical disadvantages that they caused. In Woodward’s greatly influential book, The Strange Career of Jim Crow, he shows supporters of segregation that this was not the way that it had always been, but instead segregation took time to develop a fter the Civil war and that the acceptance of the Jim Crow laws was not just becauseRead MoreAnalysis of the Strange Career of Jim Crow940 Words   |  4 PagesWoodward’s novel â€Å"The Strange Career of Jim Crow† was simply a book about racism. Other critics also attack his style of writing in this very popular novel. However, I believe that Woodward’s novel is not just a book about racism. It is a book about history. I believe it is a book about race relations, not racism. Woodward shatters the stereotypical view of segregation through chronicling the history of America from reconstruction through the late 1960’s. The Strange Career of Jim Crow is not simplyRead MoreEssay A Review of The Strange Career of Jim Crow1072 Words   |  5 PagesA Review of The Strange Career of Jim Crow C. Vann Woodward’s most famous work, The Strange Career of Jim Crow, was written in 1955. It chronicles the birth, formation, and end of Jim Crow laws in the Southern states. Often, the Jim Crow laws are portrayed as having been instituted directly after the Civil War’s end, and having been solely a Southern brainchild. However, as Woodward, a native of Arkansas points out, the segregationist Jim Crow laws and policies were not fully a part ofRead MoreThe Strange Career of Jim Crow by C. Vann Woodward1063 Words   |  5 PagesWoodward wrote The Strange Career of Jim Crow for a purpose. His purpose was to enlighten people about the history of the Jim Crow laws in the South. Martin Luther King Jr. called Woodward’s book, â€Å"the historical Bible of the civil rights movement.† (221) Martin Luther King Jr.’s quote revealed the true importance of Woodward’s book. Woodard’s book significance was based on it revealing the strange, for gotten facets of the Jim Crow laws. Assumptions about the Jim Crow’s career have existed sinceRead MoreThe Strange Career Of Jim Crow By C. Vann Woodward1871 Words   |  8 PagesThe Strange Career of Jim Crow by C. Vann Woodward explains the development of Jim Crow Laws starting in the period of Reconstruction until its legal demise in 1965. The book puts an argument against the question whether or not segregation had been around before the civil war, and argues that segregation had not always been that way. Before the Civil War, a close proximity was crucial between the societies in the South to maintain white supremacy above blacks. After the Civil War, a period known

A True Hero Free Essays

Anonymous Prof. Smith 2 October 2011 A True Hero Soaring through fiery infernos, slaying dragons, rescuing the damsel in distress; heroes are stereotypically viewed as those who go through a heart-pounding adventure to save the love of their life. However, this does not always have to be the case, especially in real life. We will write a custom essay sample on A True Hero or any similar topic only for you Order Now Although some may disagree, Gilgamesh is a hero is his own right because of his bravery, perseverance and loyalty. Just as Gilgamesh has these attributes of a hero, I believe my Grandfather contains these attributes too. My Grandfather, who is my mother’s father, went through a lot in his life to illustrate how he obtained my reverence towards him and why I believe he is a modern-day hero. Bravery is the key component that all heroes share. Without bravery, those defined as heroes would have been unable to overcome obstacles or take chances in their path of life. Determined to prove himself as the mightiest being, Gilgamesh showed his bravery by slaying Humbaba. While my grandfather failed to slay any massive beasts, he confirmed his bravery through other means. My grandfather first stunned me with his bravery when he shared his stories of being in the Navy. This is really impressive to me because I would never have the guts or strength to be able to handle the Navy and serve our country at the risk of sacrificing my life. Both Gilgamesh and my grandfather showed their bravery because they were able to stare death in the eye, and survive. It is also necessary that heroes maintain the ability to persevere or else heroes would be non-existent. Perseverance is the driving force that motivates heroes to keep going even in the face of adversity. If heroes lost perseverance, their journey would end when an obstacle blocked their path. It is a true hero who stands up in the face of adversity and continues to push forward to the finish line. Gilgamesh showed his perseverance after Enkidu died. Faced with adversity, Gilgamesh never took no for an answer as he searched for the key to immortality. Just as Gilgamesh showed perseverance, so too has my grandfather. My grandfather is an avid businessman and has been faced with many obstacles. In business, high risk equals high reward, but high risk can also induce high failure. My grandfather has always told me â€Å"Failures define who you are† because it tests your character. Throughout his career he has faced failure, understood how it felt to own nothing through bankruptcy, but he has never given up. His perseverance through failure made him stronger and led him the successes he was able to obtain. No matter the obstacle, Gilgamesh and my grandfather persevered through difficult times, never gave up, and came out on top. Finally, loyalty is another important trait heroes share. Loyalty is the fundamental reason as to why many heroes are brave and persevere. Whether it is loyalty to a loved one, family, a friend, or even their city, loyalty keeps heroes persevering and motivated. For Gilgamesh, Enkidu was his loyal companion. Their loyalty towards each other was un-measureable and their friendship was unbreakable. When Enkidu passed away, Enkidu inspired Gilgamesh to journey for immortality. My grandfather’s loyalty was persistent throughout his life towards my grandmother, his kids, and even his grandchildren. From the time he met my grandmother he was always completely loyal to her. Through good times and bad they were always at each other’s side. When he had kids it was the same way and even today he shows his loyalty to his grandkids by attending their sporting events or just being there for support. Bravery, perseverance, loyalty: three key components to be recognized as a hero. Each trait plays off the other, but a true hero exemplifies all three. While soaring though fiery infernos, slaying dragons, and rescuing the damsel in distress may be exciting, becoming a hero isn’t as difficult as fairytales make it seem. To be a true hero, ultimately all that is required is a strong and courageous heart, a never-give-up mentality, and faithfulness to all those important in your life. Acquiring these attributes is easy to do and make you a hero in anyone’s eyes, even if it’s just your grandson’s. How to cite A True Hero, Papers