U.S. V. NEW YORK TIMES CO. ET AL 328 F.Supp. 324 (S.D.N.Y. 1971) CASE BRIEF

U.S. V. NEW YORK TIMES CO. ET AL

328 F.Supp. 324 (S.D.N.Y. 1971)

NATURE OF THE CASE: The United States (P) seeks a temporary restraining order and a preliminary injunction against The New York Times (D), its publisher and other officers and employees to restrain them from further dissemination or disclosure of certain alleged top secret or secret documents of the United States referred to in a verified complaint filed therewith.

FACTS: P has requested a temporary restraining order and also a direction from this Court to require Ds to deliver to the Court certain documents and other tangible evidence to be held by the Court pending final determination of the cause. D published summaries and portions of the text of two documents-certain volumes from a 1968 Pentagon study relating to Vietnam and a summary of a 1965 Defense Department study relating to the Tonkin Gulf incident. The documents were classified as Top Secret. P contends that the documents still unpublished and the information in the possession of the D involves a serious breach of the security of the United States and that the further publication will cause 'irreparable injury to the national defense.' The court issued an order to show cause as to why it should take or not take the actions requested.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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