New York Times Precedents:
-
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.