Question

When might it be legal for the government to exercise prior restraint over a newspaper, according to Justice William Brennan's opinion in The New York Times v. United States?

a) During wartime
b) To prevent hate speech
c) To protect national secrets
d) To promote government propaganda

Answer 1

The government can legally impose prior restraint over a newspaper to protect national secrets in extreme cases, as established in The New York Times v. United States case, especially if the publication of information could directly harm national security. Option c) is correct.

Step-by-step explanation:

According to Justice William Brennan's opinion in the case of The New York Times v. United States, it may be legal for the government to exercise prior restraint over a newspaper to protect national secrets, such as to prevent the publication of information that could compromise troops or covert operatives. Specifically, the Supreme Court ruled that the government's right to impose prior restraint is very limited, and does not extend to hindering the freedom of the press except in extreme cases where direct harm to national security is evident, such as the revelation of troop movements or the identities of undercover operatives.

The case, commonly referred to as the Pentagon Papers case, established the precedent that the protection of the First Amendment generally outweighs the government's desire to keep information secret, unless the publication of such information will cause a direct and immediate threat to national security.