Lawfare Archive: 'National Security, Leaks and Freedom of the Press'
The Lawfare Podcast
Pentagon Papers: A No Prior Restraints Problem
The Supreme Court jurisprudence beginning in the 1930s had this notion that any kind of effort by the government to stop publication before publication was really just unacceptable. The Pentagon Papers case holding does not really apply in the context of a so-called subsequent punishment, where the government prosecutes the publisher after the publication for publishing classified information. So that's a dilemma in how you interpret the case as a real prior restraints case,.
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