Which case upheld the publication of leaked documents, rejecting prior restraint?

Which case upheld the publication of leaked documents, rejecting prior restraint?

• A. New York Times v. United States
• B. Mapp v. Ohio
• C. Miranda v. Arizona
• D. Roth v. United States

Answer: (A)

The main idea is that prior restraint on the press is strongly disfavored under the First Amendment; the government bears a heavy burden to show a direct, immediate, and irreparable harm to national security before stopping publication. In New York Times v. United States, the Supreme Court refused to enjoin The New York Times (and later the Washington Post) from publishing the Pentagon Papers, because the government had not demonstrated the kind of immediate and irreparable harm that would justify censorship before publication. The decision underscored that the First Amendment protects the publication of leaked documents unless there is a clear, imminent threat to national security that justifies prior restraint. The other cases involve different constitutional issues and do not address prior restraint of publication: Mapp v. Ohio deals with the exclusionary rule for illegally obtained evidence; Miranda v. Arizona requires police warnings before custodial interrogation; Roth v. United States concerns obscenity standards.

The main idea is that prior restraint on the press is strongly disfavored under the First Amendment; the government bears a heavy burden to show a direct, immediate, and irreparable harm to national security before stopping publication.

In New York Times v. United States, the Supreme Court refused to enjoin The New York Times (and later the Washington Post) from publishing the Pentagon Papers, because the government had not demonstrated the kind of immediate and irreparable harm that would justify censorship before publication. The decision underscored that the First Amendment protects the publication of leaked documents unless there is a clear, imminent threat to national security that justifies prior restraint.

The other cases involve different constitutional issues and do not address prior restraint of publication: Mapp v. Ohio deals with the exclusionary rule for illegally obtained evidence; Miranda v. Arizona requires police warnings before custodial interrogation; Roth v. United States concerns obscenity standards.