Cases which were influenced:

• CNN vs. Noriega: Issues concerning CNN’s broadcast of taped conversations between
Noriega and his lawyers. Federal Judge told CNN not to air tapes. Considered
somewhat of an infringement of
rights.http://ezproxy.ithaca.edu:2239/us/lnacademic/results/docview/docview.do
docLinkInd=true&risb=21_T7521727081&format=GNBFI&sort=RELEVANCE&startDocN
o=1&resultsUrlKey=29_T7521727084&cisb=22_T7521727083&treeMax=true&treeWidth
=0&csi=8213&docNo=1
•ACLU Asks Independent Review of H-Bomb Article: Government claimed that if
Progressive magazine posted an article concerning how to design and manufacture
hydrogen bombs it would cause “grave, direct, immediate, and irreparable damage to
the countries National Security. Supreme Court typically always considered prior
restraint unconstitutional.
http://ezproxy.ithaca.edu:2239/us/lnacademic/search/homesubmitForm.do
•Free Press, Fair Trial Balancing Act: A Federal Judge attempted to block a television
broadcast about an upcoming trial and failed. Believed that the broadcast would
negatively affect jurors decisions. Another example of first amendment rights being held
supreme. http://ezproxy.ithaca.edu:2239/us/lnacademic/results/docview/docview.do?
docLinkInd=true&risb=21_T7521743989&format=GNBFI&sort=RELEVANCE&startDocN
o=1&resultsUrlKey=29_T7521743993&cisb=22_T7521743992&treeMax=true&treeWidth
=0&csi=6742&docNo=3

Concurrence arguments:

•The first amendment is absolute, freedom of the press is vital.

•Freedom of press is an important factor which keeps government policies in check.
•The documents in question were considered unimportant, and it is unlikely they will
cause “Irreparable damage”.
•Did not qualify for one of the three reasons as to why the press could be censored.
•The Executive branch is responsible for protecting national security by keeping its
information safe.
•Thurgood Marshall stated national security was to broad a term to bring about prior
restraint.

Dissenting Arguments:

•Burger commented that while he did not agree that prior restraint should be put into
effect, but the Times should have considered the issue longer.
•Harlan/Blackmun believed national security was an issue, and that the Executive had
the power to take that into account.