Question

Why do you think the Court ruled differently in New York Times Co. v. United States (1971) than it did in Schenck v. United States (1919)? Consider differences in the ideological composition of the Court and public opinion towards the wars.​

Answer 1

The Supreme Court's different rulings in the Pentagon Papers case and Schenck v. United States were influenced by the distinct historical contexts, changes in public opinion towards the wars, and the evolving legal interpretation of freedom of the press versus national security.

Step-by-step explanation:

The Supreme Court rulings in New York Times Co. v. United States (1971) and Schenck v. United States (1919) reflect differing interpretations of the balance between national security and freedom of the press during varying historical contexts. In Schenck v. United States, the Supreme Court established the "clear and present danger" test, ruling that during wartime, certain expressions that threaten national security are not protected by the First Amendment. However, the decision in New York Times Co. v. United States marked a shift, emphasizing the importance of freedom of the press over concerns of national security and rejecting the government's attempt to impose prior restraint on the publication of the Pentagon Papers. This ruling reinforced the stance that the government has a high burden to meet before it can justify censorship, particularly as the Vietnam War and public opinion towards the war differed significantly from the context of World War I during which the Schenck case occurred.

Answer 2

The case reached the Supreme Court in June 1971. The Supreme Court has, at times, ruled that the government can restrict speech that presents a “clear and present danger.”