New York Times Arguments

New York Times v. U.S. : Arguments

Argument #1: The government has not shwon that there was direct, immediate, and irreparable damage to our Nation or its people by the further publication of the Pentagon Papers. Prior restraint is unconstitutional in most cases.

Argument #2: The government has a valid reason for issuing an injunction against the newspapers to prevent them from further publishing the Pentagon Papers since the war in Vietnam might be adversely affected if the information is published. This is on case where there is a clear and present danger that would allow this prior restrain to be constitutional.

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