Civil Liberty: NY Times v. United States

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Table of Contents

A brief summary of the case
The legal issue in the case and the decision of the court
Summarize the Court’s decision and legal reasoning
Meaning of civil rights
Works Cited

A brief summary of the case

The New York Times and the Washington Post published the top-secret “Pentagon Papers” in 1971, revealing government duplicity in the Vietnam War. The Nixon administration obtained an injunction against The New York Times on the grounds of national security. However, in brief per curiam opinion, the Court observed that, in this case, the government had not shown the justification of prior restraint on freedom of the press. This was deemed to be achieved when the government met the heavy burden in justifying this restraint (New York Times).

The legal issue in the case and the decision of the court

Legal issues

Did the United States government show the justification for the need to meet the heavy burden for prior restraint on freedom of the press?
Did they impose such restraint on the Washington post and New York Times?

The Courts Rule

The government has an obligation to show the justification of prior restraint on freedom of the press (New York Times). However, in this case, the court held that the government had not met the heavy burden of showing justification. Therefore, no action was imposed on the New York Times.

Summarize the Court’s decision and legal reasoning

Although the U.S. Federal government has limited powers, it has supreme authority within its sphere of influence. In addition, laws that are made based on the constitution become the supreme law of the land. The constitution does not expressly prohibit or deter either power that is implied or incidental. Based on the Freedom of Expression clause, a legitimate end, which is within the confines of the constitution, and which appropriate and not prohibited by the constitution, can be employed to achieve that end.

In addition, most of the systems in the United States have been subjected to restraints on freedom of expression. They are heard by the Supreme Court, which bears a heavy presumption towards its validity or otherwise. The government is indebted to create a heavy burden of showing justifications to any prior restraint. The United States, according to the case, had sought to enjoin the Washington Post and The New York Times from the publication of the contents that were confidential. The lower courts did not issue their judgment but referred the case to the Supreme Court (New York Times).

The court argued that the constitutional mandate of creating a heavy burden of showing justification is not a separate power neither is it an end of the government, but rather it is another avenue of executing other powers that are sovereign. This mandate can be executed or exercised if it becomes an appropriate way of carrying out the powers conferred to the federal government by the U.S. Constitution. If there is a suitable method of executing the powers that are expressly provided by the constitution of the U.S. federal government, the extent of its necessity can never be a question of judicial cognizance, but rather it is a legislative discretion.

The U.S. government had a mandate of establishing or creating a heavy burden of showing justification for freedom of the press. As such, it would have prevented The New York Times from publishing the confidential report that was under the safe-custody of the government. However, since such a mandate was not constitutionally met, The New York Times enjoyed their freedom with minimal interference from the government (New York Times).

Meaning of civil rights

Civil rights are the entitlements to some freedoms guaranteed by the laws of a country. They are acquired by a person by virtue of being a citizen, and some of them, such as the right to sound governance and equal treatment, cannot be denied to an individual (Weisbrot 89). However, a civil right such as holding a public office can be lost depending on the character and conduct of a person.

As discussed above, The New York Times was not constitutionally deprived of freedom of the press, and the right to access vital information in any state within the confines of the federal government. In the ancient period, Civil rights have undergone amendments due to changes in society. The aim is to realize a democratic society. America was characterized by oppression and slavery amongst its citizens. Civil rights amendments, in 19^th Century, abolished slavery, conferred citizenship, barred racial discrimination, and later the amendments on equal rights on jury duty. Ideally, these changes have enhanced the political, socio-economic, and cultural stability in the U.S.

As the Supreme Courts issues its finality on cases affecting society, it has enhanced democratic and unified decisions. In case of misunderstanding on the laws that govern society, as highlighted in the above case, the Court provides a guideline and direction on the path of justice. The Supreme Court acts as an avenue for democratic governance in society (McCloskey et al. 65).

Evaluate the significance of the case and its place in history

This case was of immense significance in the American history because it proclaimed that the U.S government had implied powers, in addition to the constitutional mandate. This landmark decisions provided an opportunity for the federal government to develop or change its powers to meet the demands of a changing world. Freedom of the press has been quite a delicate issue that, if not handled with care, may ruin the reputation of the state. Therefore, it is the mandate of the government to follow the laws as set out by the constitution in order to mitigate any further impromptu adversity.

The New York Times’ case denotes democracy that prevails in the United States. It shows that there is minimal interference of the legislature by the executive. Ideally, most of the developing countries need to borrow a leaf from this case. Independence of the legislature is a vital component in realizing a democratic world, without any oppression.

Court’s Decision

The ruling made by the Court was the right decision, as it was in accordance to the United States Constitution. As stipulated by the Constitutional Act on Freedom of the press, the government needs to meet the heavy burden of showing justification in order to impose any restraints on freedom of the press. The New York Time and Washington Post understood that there was no mandate by the government to restrict them from accessing their top-secret information and printing them. Therefore, no action was to be imposed on the New York Times.

Works Cited

McCloskey, Robert & Levinson, Sanford. The American Supreme Court. New York: University of Chicago Press, 2010. Print.

New York Times Co. v. United States. 403 U.S. 713. Certiorari to the United States Court of Appeals for the Second Circuit. 1971. LexisNexis Academic. Web.

Weisbrot, Robert. Freedom bound: A History of America’s Civil Rights Movement. London: Routledge, 2006. Print.

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