Supreme Court Rules 6-3 for Press Freedom in Pentagon Papers Case - Rejects Nixon Administration Prior Restraint Attempt

The Supreme Court decides 6-3 in New York Times Co. v. United States that the Nixon administration cannot prevent newspapers from publishing the Pentagon Papers, marking the first time in American history a publication was temporarily halted due to national security concerns. A federal judge in New York had issued a restraining order against the Times on June 18, and when the Washington Post began publishing its own Pentagon Papers series the same day, Assistant U.S. Attorney General William Rehnquist demanded the Post cease publication and sought an injunction.

In a per curiam decision (written “by the court as a whole”), the Supreme Court rejects the Nixon administration’s efforts, concluding that the administration cannot overcome the “heavy presumption against” prior restraints—government efforts to block publication of information before it reaches the public. The Court holds oral arguments just 11 days after the first article was published, reflecting the urgent constitutional stakes. The decision dissolves the restraining order and allows the Times and Post to continue publication.

The ruling reaffirms a core First Amendment value: the freedom of the press to criticize the government and check abuses of power. The case is widely regarded as a seminal victory for free press in the United States, clearly establishing that when government wishes to resort to censorship, it faces a difficult task in convincing courts to issue necessary legal orders. Following the decision, the New York Times, Washington Post, and other newspapers resume and expand their Pentagon Papers coverage, increasing public awareness about Vietnam War realities and likely contributing to growing anti-war sentiment. In the longer term, the decision strongly affirms press freedom as essential to democratic accountability, establishing precedent that protects investigative journalism exposing government deception for decades to come.