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Therein lies the security of the Republic, the very foundation of constitutional government. In introducing the Bill of Rights in the House of Representatives, Madison said: [B]ut I believe that the great mass of the people who opposed [the Constitution] disliked it because it did not contain effectual provisions against the encroachments on particular rights. And, therefore, every restraint issued in this case, whatever its form, has violated the First Amendment -- and not less so because that restraint was justified as necessary to afford the courts an opportunity to examine the claim more thoroughly. 51 (1965), and similar cases regarding temporary restraints of allegedly obscene materials are not in point. Here there is no question but that the material sought to be suppressed is within the protection of the First Amendment; the only question is whether, notwithstanding that fact, its publication may be enjoined for a time because of the presence of an overwhelming national interest.
Unless and until the Government has clearly made out its case, the First Amendment commands that no injunction may issue. For those cases rest upon the proposition that "obscenity is not protected by the freedoms of speech and press." 354 U. Similarly, copyright cases have no pertinence here: the Government is not asserting an interest in the particular form of words chosen in the documents, but is seeking to suppress the ideas expressed therein.
The order of the Court of Appeals for the Second Circuit is reversed, and the case is remanded with directions to enter a judgment affirming the judgment of the District Court for the Southern District of New York. Furthermore, after oral argument, I agree completely that we must affirm the judgment of the Court of Appeals for the District of Columbia Circuit and reverse the judgment of the Court of Appeals for the Second Circuit for the reasons stated by my Brothers DOUGLAS and BRENNAN. A debate of large proportions goes on in the Nation over our posture in Vietnam.
Syllabus The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the "heavy burden of showing justification for the enforcement of such a [prior] restraint." TOP Opinion Per Curiam Opinion [p*714] PER CURIAM We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U. Decision-Making Process on Viet Nam Policy." case, held that the Government had not met that burden. The judgment of the Court of Appeals for the District of Columbia Circuit is therefore affirmed. I believe [p715] that every moment's continuance of the injunctions against these newspapers amounts to a flagrant, indefensible, and continuing violation of the First Amendment. The present cases will, I think, go down in history as the most dramatic illustration of that principle.
Chief Justice Hughes -- great man and great Chief Justice that he was -- when the Court held a man could not be punished for attending a meeting run by Communists. Our cases have thus far indicated that such cases may arise only when the Nation "is at war," 249 U. 47, 52 (1919), during which times [n]o one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. Thus, only governmental allegation and proof that publication must inevitably, directly, [p727] and immediately cause the occurrence of an event kindred to imperiling the safety of a transport already at sea can support even the issuance of an interim restraining order.
The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free [p720] assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. In no event may mere conclusions be sufficient, for if the Executive Branch seeks judicial aid in preventing publication, it must inevitably submit the basis upon which that aid is sought to scrutiny by the judiciary.
They especially feared that the [p716] new powers granted to a central government might be interpreted to permit the government to curtail freedom of religion, press, assembly, and speech. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. TOP Concurrence DOUGLAS, J., Concurring Opinion MR. It should be noted at the outset that the First Amendment provides that "Congress shall male no law . There is, moreover, no statute barring the publication by the press of the material which the Times and the Post seek to use. That version read: During any national emergency resulting from a war to which the United States is a party, or from threat of such a war, the President may, by proclamation, declare the existence of such emergency and, by proclamation, prohibit the publishing or communicating of, or the attempting to publish or communicate any information relating to the national defense which, in his judgment, is of such character that it is or might be useful to the [p722] enemy. I have gone over the material listed in the TOP Concurrence BRENNAN, J., Concurring Opinion MR. I I write separately in these cases only to emphasize what should be apparent: that our judgments in the present cases may not be taken to indicate the propriety, in the future, of issuing temporary stays and restraining [p725] orders to block the publication of material sought to be suppressed by the Government.
When the Constitution was adopted, many people strongly opposed it because the document contained no Bill of Rights to safeguard certain basic freedoms. The press was to serve the governed, not the governors. While I join the opinion of the Court, I believe it necessary to express my views more fully. abridging the freedom of speech, or of the press." That leaves, in my view, no room for governmental restraint on the press. The other evidence that § 793 does not apply to the press is a rejected version of § 793. The stays in these cases that have been in effect for more than a week constitute a flouting of the principles of the First Amendment as interpreted in 379 U. We start, then, with a case where there already is rather wide distribution of the material that is destined for publicity, not secrecy.
Your access to the NCBI website at gov has been temporarily blocked due to a possible misuse/abuse situation involving your site. The Bill of Rights, including the First Amendment, followed in 1791. the same to any person not entitled to receive it . The Government suggests that the word "communicates" is broad enough to encompass publication. Judge Gurfein's holding in the case that this Act does not apply to this case was therefore preeminently sound. § 793 states in § 1(b) that: Nothing in this Act shall be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated hereunder having that effect. So any power that the Government possesses must come from its "inherent power." The power to wage war is "the power to wage war successfully." 320 U. Open debate and discussion of public issues are vital to our national health. These documents contain data concerning the communications system of the United States, the publication of which is made a crime. Our Government was launched in 1789 with the adoption of the Constitution. [s]hall be fined [p721] not more than ,000 or imprisoned not more than ten years, or both. Thus, Congress has been faithful to the command of the First Amendment in this area. The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct. It is common knowledge that the First Amendment was adopted against the widespread use of the common law of seditious libel to punish the dissemination of material that is embarrassing to the powers-that-be. Secrecy in government is fundamentally anti-democratic, perpetuating bureaucratic errors.The 1996 Safe Drinking Water Act (SDWA) amendments require that once every five years EPA issue a new list of no more than 30 unregulated contaminants to be monitored by public water systems (PWSs).The fourth Unregulated Contaminant Monitoring Rule (UCMR 4) was published in the Federal Register on December 20, 2016.