The Supreme Court's View on Criminal Penalties in the Pentagon Papers

The Supreme Court has not had an occasion, interestingly, to revisit that question in the year since the Pentagon Papers case. There has not been a single case in which the court has said there is a clear and present danger of grave harm, and therefore this speech could be prohibited. So it's possible the court would uphold the conviction of the New York Times if they were prosecuted a year after the publication of the Pentagon Papers. But we don't know what those phrases actually mean because the court has never found the existence of a clear andpresent danger in the half century depending on paper states.