New York Times vs. US (the “Pentagon Papers Case”)

For additional background material on the facts of the case, here is a documentary entitled  “The Pentagon Papers”, used here non-commercially for academic purposes. This is followed by excerpts of the case below (after the video, please scroll down)

CASE:Per Curiam Opinionxxxthe United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled “History of U.S. Decision-Making Process on Viet Nam Policy.”xxx
“Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, Near v. Minnesota, xxx. The Government “thus carries a heavy burden of showing justification for the imposition of such a restraint.” xxx The District Court xxx in the New York Times case, and the District Court xxx and Court of Appeals xxx in the Washington Post case, held that the Government had not met that burden. We agree.xxxThe judgment of the Court of Appeals (in Washington Post) is affirmed xxx Court of Appeals (in New York Times) is reversed xxx So ordered.
J. Black with whom J. Douglas joins, concurring.”xxx(E)very moment’s continuance of the injunctions against these newspapers amounts to a flagrant, indefensible, and continuing violation of the First Amendment   xxx

    “When the Constitution was adopted, many people strongly opposed it because the document contained no Bill of Rights to safeguard certain basic freedoms. They especially feared that the new powers granted to a central government might be interpreted to permit the government to curtail freedom of religion, press, assembly, and speech. In response to an overwhelming public clamor, James Madison offered a series of amendments to satisfy citizens that these great liberties would remain safe and beyond the power of government to abridge. Madison proposed what later became the First Amendment in three parts, two of which are set out below, and one of which proclaimed: “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments, and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.”
xxx 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.xxx
The press was to serve the governed, not the governors. The Government’s power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell. In my view, far from deserving condemnation for their courageous reporting, the New York Times, the Washington Post, and other newspapers should be commended for serving the purpose that the Founding Fathers saw so clearly. In revealing the workings of government that led to the Vietnam war, the newspapers nobly did precisely that which the Founders hoped and trusted they would do.xxx
The Solicitor General has carefully and emphatically stated: “Now, Mr. Justice (Black), your construction of . . . (the First Amendment) is well known, and I certainly respect it. You say that no law means no law, and that should be obvious. I can only say, Mr. Justice, that to me it is equally obvious that “no law” does not mean “no law,” and I would seek to persuade the Court that that is true. . .(T)here are other parts of the Constitution that grant powers and responsibilities to the Executive, and . . the First Amendment was not intended to make it impossible for the Executive to function or to protect the security of the United States.xxx
And the Government argues in its brief that, in spite of the First Amendment,”[t]he authority of the Executive Department to protect the nation against publication of information whose disclosure would endanger the national security stems from two interrelated sources: the constitutional power of the President over the conduct of foreign affairs and his authority as Commander-in-Chief.”xxx
In other words, we are asked to hold that, despite the First Amendment’s emphatic command, the Executive Branch, the Congress, and the Judiciary can make laws enjoining publication of current news and abridging freedom of the press in the name of “national security.” The Government does not even attempt to rely on any act of Congress. Instead, it makes the bold and dangerously far-reaching contention that the courts should take it upon themselves to “make” a law abridging freedom of the press in the name of equity, presidential power and national security, even when the representatives of the people in Congress have adhered to the command of the First Amendment and refused to make such a law.xxx To find that the President has “inherent power” to halt the publication of news by resort to the courts would wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make “secure.” No one can read the history of the adoption of the First Amendment without being convinced beyond any doubt that it was injunctions like those sought here that Madison and his collaborators intended to outlaw in this Nation for all time.
The word “security” is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic. xxx
J. Douglas, with whom J. Black joins, concurring:xxx Congress has been faithful to the command of the First Amendment in this area. xxxSo any power that the Government possesses must come from its “inherent power.”xxx The power to wage war is “the power to wage war successfully.” See Hirabayashi v. United Statesxxx. But the war power stems from a declaration of war. The Constitution xxx gives Congress, not the President, power “(t)o declare War.” Nowhere are presidential wars authorized.
The Government says that it has inherent powers to go into court and obtain an injunction to protect the national interest, which, in this case, is alleged to be national security.
Near v. Minnesota, xxx, repudiated that expansive doctrine in no uncertain terms.xxx
Secrecy in government is fundamentally anti-democratic, perpetuating bureaucratic errors. Open debate and discussion of public issues are vital to our national health. On public questions, there should be “uninhibited, robust, and wide-open” debate. New York Times Co. v. Sullivan

Rated R-18. MTRCB rapped live shows of Vice Ganda, fashion sense of Anne Curtis, Regine V., what does it say now about the twerking “dry h___ing” show of the Liberal Party uploaded in the media?

     This post is Rated R-18, I’ll be using words fit for adults only and not suitable for readers below 18 years old. If you are below 18 years old, please make sure you have the guidance of an adult when you read this. A.wwwfile
    When the MTRCB started taking jurisdiction over live concerts such as the shows of Vice Ganda (stamping all promotional materials of Vice Ganda’s shows with R-18), i thought there were jurisdictional issues there… (and voiced this out in classes). But I guess the MTRCB justified this with the fact that Vice Ganda’s shows had 100% probability of landing in the internet. But then, does the MTRCB have jurisdiction over the internet? Still, the MTRCB goes about its way issuing warnings to Vice Ganda for the risqué jokes and politically incorrect innuendoes that are staple fare of comedy concerts and gag shows.
      In the past, it has also issued warnings to Anne Curtis because of the high slit of her gown even if she was fully stockinged, and to Regine Velasquez because of her plunging neckline even if we all know that actors and models who wear these are fully taped up and pastied.
But there it is: game show hosts, dancers, singers, models, etc. all get warnings from the MTRCB for as much as, or as less as, wearing nothing but a stitch, but fully covered inside with body tapes, pasties, stockings, (and spandex shapewear for the less svelte) –– jurisdictional issues notwithstanding.
      Yesterday’s live show of twerking dancers called the Playgirls performing “dry humping” movements on top of the faces of councilors and guests (dancer’s crotch to councilor’s face), officially called the Liberal Party oathtaking of members in Laguna, presented as a birthday gift to Liberal Party Congressman Agarao supposedly by Liberal Party senatorial bet Francis Tolentino, raised the hackles of many netizens, the video viralling to explosion.
      The dancers were fully stockinged and padded, the  Miley Cyrus twerking dance is the stuff of many noontime shows– it wasn’t those — it was that other movement: the dancer’s crotch on top of the public official’s face in repeated  “pumping” movements — with “no redeeming social value” whatsoever, to borrow the words of the Supreme Court. (in other words, it is not part of any artistic or literary work with a context that may provide justification, unless you are about to argue that the movement was a portrayal of the drive of the Liberal Party to solve the drought caused by the El Niño thru the use of deep well water pumps.)

          Even the term “dry humping” cannot be used, or said out loud, in the broadcast media because it refers to sexual behaviors that require careful explanation when there are children around listening — yet, here you are: incumbent government officials performing simulated “sexual acts” that may have crossed the line, and in full view of children, repeated millions of times over in the world wide web.
       And nary a whimper from the MTRCB Chair. (I hate to put MTRCB Chair pañero Toto Villareal in a spot … but to avoid any accusations of  using a “double-standard” rule, he should at least take a look at the material.)

     (anyway, this kind of topic, being related to media content, is probably part of any discussion in media classes.)
     i put the terms “dry humping” and “sexual acts” in quotation marks here because, to be fair, the female dancers put their weight on their knees (knees to floor) to prevent their crotch actually touching the faces of the councilors and guests – in other words, to prevent contact – but the simulation of the movement, shown to audiences here and world-wide, with children and infants wide-eyed, is enough to raise the question of whether or not the organizers and producers of the Liberal Party live show may have crossed the line from being in bad taste — to violating the law.
      And nary a whimper from the Liberal Party head, the President.