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Justice Stewart in NY Times v US--- concurring opinion: For without an informed and free press there cannot be englishtened

people. *728 & *2149 Justice Brennan concurringOur cases, it is true, have indicated that there is a single, extremely narrow class of cases in which the First Amendments ban on prior judicial restraits may be overridden. Our cases have thus far indivated that such case may arise only when the Nation is at war- Schenck v US 249 US 47 Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity Bantam Books, Inc. v. Sullivaqn, 372 US 5 The Government thus carries a heavy burden of showing justification for the imposition of such a restraint. Org. for a better Austin V. Keefer, 402 U.S. 415 The government has not met this burdenny time Lawfully acquired

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