Meron Banjaw Deeksha Chundupali Venkata AP US Gov. 4/16/2024
Two cases that were influenced by the precedent set in New York Times Co. v. United States (1971):
United States v. Progressive Inc.(1979) Background/facts: This case was a lawsuit brought against a magazine called The Progressive by the United States Department of Energy (DOE). An article by activist Howard Morland was prevented from publication because this article purported to reveal the “secret” behind the hydrogen bomb. Ruling: The court granted a preliminary injunction to prevent the article in The Progressive magazine from being published until specified portions of the article are deleted. How it relates: Both cases are based on whether or not publication of classified documents can be …show more content…
The court, in this case, upheld the precedent set in New York Times Co. v. United States (1971). In New York Times Co. v. United States (1971), the court ruled that the prevention of publication was unjust, because the information that was being prevented from publication (the history of the United States in the Vietnam War) was not as big of a threat to National Security as it needed to be. In United States v. Progressive Inc.(1979), however, National Security is at a bigger risk due to the information that may have been published (information about the hydrogen bomb) if not for the prevention of doing so. Hence, the court withheld the precedent set in New York Times Co. v. United States (1971) by withholding sensitive information from being published as it is a threat to National Security. Bartnicki v. Vopper (2001) Background/facts: Bartnicki v. Vopper is a case that involved the disclosure of a recorded phone conversation between a teachers' union and a school board in Pennsylvania. The conversation included discussions about the teachers' union negotiating strategy and tactics. The conversation was recorded illegally by an unknown person and
Two cases that were influenced by the precedent set in New York Times Co. v. United States (1971):
United States v. Progressive Inc.(1979) Background/facts: This case was a lawsuit brought against a magazine called The Progressive by the United States Department of Energy (DOE). An article by activist Howard Morland was prevented from publication because this article purported to reveal the “secret” behind the hydrogen bomb. Ruling: The court granted a preliminary injunction to prevent the article in The Progressive magazine from being published until specified portions of the article are deleted. How it relates: Both cases are based on whether or not publication of classified documents can be …show more content…
The court, in this case, upheld the precedent set in New York Times Co. v. United States (1971). In New York Times Co. v. United States (1971), the court ruled that the prevention of publication was unjust, because the information that was being prevented from publication (the history of the United States in the Vietnam War) was not as big of a threat to National Security as it needed to be. In United States v. Progressive Inc.(1979), however, National Security is at a bigger risk due to the information that may have been published (information about the hydrogen bomb) if not for the prevention of doing so. Hence, the court withheld the precedent set in New York Times Co. v. United States (1971) by withholding sensitive information from being published as it is a threat to National Security. Bartnicki v. Vopper (2001) Background/facts: Bartnicki v. Vopper is a case that involved the disclosure of a recorded phone conversation between a teachers' union and a school board in Pennsylvania. The conversation included discussions about the teachers' union negotiating strategy and tactics. The conversation was recorded illegally by an unknown person and