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New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the Supreme Court of the United States on the First Amendment right to freedom of the press. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then- classified Pentagon Papers without risk of government ...
The Times appealed to the United States Supreme Court. [10] [11] Constitutional law scholar Herbert Wechsler successfully argued the case before the United States Supreme Court. Louis M. Loeb, a partner at the firm of Lord Day & Lord who served as chief counsel to the Times from 1948 to 1967, [12] was among the authors of the brief of the Times.
Single-line per curiam decisions are also issued without concurrence or dissent by a hung Supreme Court (a 4–4 decision), when the Court has a vacant seat. The notable exceptions to the usual characteristics for a per curiam decision are the cases of New York Times Co. v. United States, Bush v. Gore, and Trump v. Anderson.
A conservative 5-4 majority, usually very respectful of states’ rights, said that no state could remove a federal candidate off any ballot — with four justices, including the court’s three ...
Black authored the court's majority opinion in Korematsu v. United States, which validated Roosevelt's decision to initiate the internment of Japanese Americans on the West Coast during World War II. The decision is an example of Black's belief in the limited role of the judiciary; he validated the legislative and executive actions that led to ...
The Supreme Court is playing a long game with former President Donald J. Trump’s criminal prosecution, in which politics matters fractionally less than law, as it theoretically should, write ...
He is the author of the“One First” Supreme Court newsletter. The opinions expressed in this commentary are his own. The opinions expressed in this commentary are his own. View more opinion at CNN.
[1] [2] In 1971 the Supreme Court ruled in New York Times Co. v. United States that gag orders, viewed as form of prior restraint are presumptively unconstitutional. [2] In Nebraska Press Ass'n the Supreme Court imposed a high burden on the government in order to sustain a prior restraint against the press. [2]