Expert answer:Media Discussion

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These are two different questions and please make sure to read the requirements
carefully and each one of these questions must be answer separately.
Q 1: How are your media consumption habits shaped? Have they changed at all? What do you
think should be improved in the media? How do you like to get your news?
………………………………………………………………………………………………………
Why Politics Matters: Government in Action
Essay Activity
Q 2:
Read the account of the Supreme Court case, New York Times Co. v. United States (1971), and
then write a three to five paragraph essay in response to the following questions.
1. When do you think the government should be able to interfere in the actions of the press,
if ever?
2. Do you think that the same standards discussed in this case should still apply today?
3. What responsibility does the press have to publish or not publish classified documents?
4. How should the protection of whistleblowers and the need to keep some information
classified be balanced?
Government in Action: New York Times Co. v. United States (1971)
Background: Daniel Ellsberg was a military analyst at the RAND Corporation. He had access to a
classified report that was commissioned by the Department of Defense to examine the United States’
actions in the Vietnam War. This report, known as the Pentagon Papers, revealed that the United
States had never been confident in its ability to win the war, despite frequently expressing publicly
that it could, and that it had undertaken previously undisclosed operations in other parts of Southeast
Asia. Ellsberg photocopied the report, and initially, he tried to get two senators to introduce it on the
Senate floor in order to expose the United States’ actions in Vietnam. He also circulated parts of the
report in the policy community in Washington, D.C., where a New York Times reporter acquired
them. After the Times published its first excerpt, the federal government issued an injunction barring
the publication of any further information from the report. The Times appealed the injunction, but in
the meantime, it refrained from publishing further excerpts. During this time, Ellsberg gave copies of
the report to the Washington Post and several other newspapers, which printed it with commentary.
After the federal government issued another injunction, the Post also sued to get the injunction lifted.
The courts handling the Times case and the Post case disagreed, and the Supreme Court agreed to
take the case to resolve the conflict.
Question: Does the government have the right to exercise prior restraint and prevent the publication
of the Pentagon Papers?
Petitioner: The lawyers for the Times and the Post argued that the government had not met the
necessary standard for imposing prior restraint, which would mean that the publication of the
message is likely to directly cause a grave event. Given the primacy of the First Amendment, the
circumstances under which prior restraint is appropriate are extremely limited, and the government
had not proven that the publication of the Pentagon Papers qualified under this standard. As such,
they claimed that the injunction violated the First Amendment and should be lifted, allowing
publication to go forward.
Respondent: The United States argued that the publication of the Pentagon Papers would materially
harm the country’s security. Specifically, the federal government argued that exposing these materials
would make negotiations for the repatriation of prisoners of war and the continuation of the Vietnam
conflict more difficult. Further, it argued that the harm that publishing this report would cause to the
United States and its people was sufficient to prevent its publication.
Result: The Court agreed with the lower court’s ruling that the government had not met the burden
necessary to impose prior restraint and lifted the injunction, allowing publication to continue. The
opinion was per curiam, meaning it was the unanimous agreement of the entire Court. However, the
justices filed six concurring opinions, along with three dissents. The dissents did not object to the
ruling, but rather to the swift nature of the proceedings and the lack of negotiation between the
government and the newspapers prior to their publication of the Pentagon Papers. The concurring
opinions emphasized different aspects of First Amendment jurisprudence, including the necessity of
a free and unrestrained press as a check on the government and the lack of specificity in determining
what constitutes national security, given a lack of congressional action in this arena.
Consequences: Both the New York Times and the Washington Post published portions of
the Pentagon Papers. While the Supreme Court’s decision was seen as an important victory for the
freedom of the press, it did not establish an unlimited right for newspapers to publish classified
material or address the risks to whistleblowers under the Espionage Act. Ellsberg was charged under
the Espionage Act and surrendered to federal authorities in Boston. However, the charges against
him were dismissed after evidence emerged during his trial that the government had illegally
wiretapped his phone and engaged in other misconduct related to filing the charges. Ellsberg has
since become an advocate for whistleblowers, supporting Chelsea (formerly Bradley) Manning in
leaking documents to WikiLeaks and Edward Snowden in releasing information about National
Security Agency surveillance programs.
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