Nature of the Case
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Facts
The U.S. Government (P) sought to enjoin publication of the 'Pentagon Papers' by the New York Times (D) and the Washington Post (D). Ds had obtained a stolen, classified Defense Department report on the Vietnam War. Ds printed it. P wanted to enjoin the publication for national security reasons. The papers revealed a great amount of details about American policy in Southeast Asia including military operations and diplomatic efforts. P claimed that publication would cause great harm to national security and prolong the Vietnam War. The District Court held that P did not meet the burden of justification. The D.C. Circuit affirmed. The Second Circuit reversed and enjoined publication. D appealed.
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