In 1971, The New York Times and The Washington Post were publishing the Pentagon Papers, a massive cover-up of government secrets that spanned three decades and four U.S. Presidents. The study, commissioned by the Secretary of Defense Robert McNamara, conducted by the Department of Defense, covered thirty years of history about how we got involved and what we had done in Vietnam. The study was classified Top Secret. Daniel Ellsberg worked on the study and ultimately leaked it to the newspapers.
The Nixon administration citing national security sought and got injunctions in lower courts against publication. The U.S. Supreme Court in a 6-3 decision ruled otherwise.
Justice Hugo Black, often regarded as a leading defender of First Amendment rights such as the freedom of speech and of the press, refused to accept the doctrine that the freedom of speech could be curtailed on national security grounds. Thus, in New York Times Co. v. United States (1971), he voted to allow newspapers to publish the Pentagon Papers despite the Nixon Administration's contention that publication would have security implications. In his concurring opinion, Black stated,
Justice Hugo Black, often regarded as a leading defender of First Amendment rights such as the freedom of speech and of the press, refused to accept the doctrine that the freedom of speech could be curtailed on national security grounds. Thus, in New York Times Co. v. United States (1971), he voted to allow newspapers to publish the Pentagon Papers despite the Nixon Administration's contention that publication would have security implications. In his concurring opinion, Black stated,