Page "United States v. The Progressive" Paragraph 15

In New York Times Co. v. United States 403 U. S. 713 ( 1971 ) — better known as the Pentagon papers case — the government had sought to prevent the publication of classified material by the New York Time.

In this case, the Supreme Court ruled 6-3 that the government had not reached the standard required by Near to justify prior restraint, but the concurring justices gave differing opinions about where the line should be drawn.

In his opinion, Justice Potter Stewart wrote that while publication of The Pentagon Papers would likely harm the national interest, it would not result in " direct, immediate or irreparable harm to our Nation or its people ".

Failure to provide a clear line inevitably meant that the court had to deal with prior restraint on a case-by-case basis.

In Nebraska Press Association v. Stuart, 427 U. S. 539 ( 1976 ), the court was called upon to decide whether news reportage of a lurid mass murder case in a small town in Nebraska would justify prior restraint in order to protect the defendant's right to a fair trial.

In this case, the court ruled unanimously that it not.

Most of the justices viewed Near as providing the only grounds for prior restraint, and declined to expand its scope any further.