New York Times v. U.S.: The Precedents

Here is a list of precedents for the New York Times v. U.S. case:

Near v. Minnesota (1931): Prior restraints require close judicial scrutiny. The Court ruled that the primary aim of the First Amendment was to prevent pre-publication restraints.

Bantam Books Inc. v. Sullivan (1963): "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity."

Oragnization for a Better Austin v. Keefe (1971): The government carries a heavy burden of showing justification for the imposition of prior restraint.

Hirabayashi v. U.S. (1943): The power to wage war is the power to wage war successfully.

New York Times v. Sullivan (1964): On public questions there should be uninhibited, robust, and wide open debate.

Schenck v. United States (1919): First Amendment bans on prior restraint may be overridden in some circumstances, like when the Nation is at war.

Youngstown Sheet & Tube v. Sawyer (1952): Congress can address problems of protecting the security of the country and the national defense from unauthorized disclosure of potentially damaging information.


 
 
 


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