The Pentagon Papers

In many nations prior restraint – censorship of information before it is published – is a common way for government to control information and limit freedom. In the United States, however, the Supreme Court has ruled that the press may be censored in advance only in cases relating directly to national security. The following Supreme Court decision illustrates this principle.

In The Pentagon Papers Case the Supreme Court reaffirmed its position. In 1971 a Pentagon employee leaked to The New York Times a secret government report outlining the history of United States involvement in the Vietnam War. This report, which became known as the Pentagon Papers, contained hundreds of government documents, many of them secret cables, memos, and plans.

Realizing that the Pentagon Papers showed that former government officials had lied to the American people about the war, The New York Times began to publish parts of the report. The government tried to stop further publication of the papers, arguing that national security would be endangered and that the documents had been stolen from the Defense Department.

A divided Court rejected the government`s claims. The Court ruled that stopping publication would be prior restraint. Writing on behalf of the majority, Justice William Douglas noted that “the dominant purpose of the First Amendment to the Constitution declaring the freedom of the press was to prohibit the widespread practice of governmental suppression of embarrassing information.” He added: “The press was protected so that it could bare the secrets of government and inform the people… The press is to serve the governed and not the governors.”

Notes:

prior restraint – предварительное ограничение (на публикацию документов);

censorship, to censor – цензура, подвергать цензуре;

to rule – постановлять;

case – судебное дело, случай;

to reaffirm – вновь подтвердить, закрепить;

to leak – зд. предоставить информацию, организовать утечку информации;

involvement – зд. – участие;

cable – телеграмма;

memo – разг. сокр. от «memorandum» - докладная записка, справка;

to be endangered – подвергаться опасности;

Defense Department – Министерство Обороны;