New York Times v. United States by D.J. Herda

Author:D.J. Herda [Herda, D. J.]
Language: eng
Format: epub
ISBN: 978-1-4645-0179-1
Publisher: Enslow Publishers, Inc.
Published: 2011-03-30T04:00:00+00:00

The district court denied the preliminary injunction after a hearing. By affidavits and the testimony of witnesses at the hearing, the Government attempted to demonstrate that the publication of the material in question [the Pentagon Papers] should be restrained because it would gravely prejudice [or harm] the defense interests of the United States or result in irreparable injury to the United States. The district court found that the Government failed to sustain its burden [of proof]. Specifically, the district court directed the Government to present any document from the “History,” the disclosure of which in the Government’s judgment would irreparably harm the United States. The Government’s affidavits and testimony Ȧ discussed several of the documents. The district court found either that disclosure of those specific documents would not be harmful [to the Government] or that any harm resulting from disclosure would be insufficient to override First Amendment interests. Ȧ

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