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This section contains the nature of the case and procedural background.

The U.S. Government (P) sought to enjoin publication of the 'Pentagon Papers' by the New York Times (D) and the Washington Post (D). Ds had obtained a stolen, classified Defense Department report on the Vietnam War. Ds printed it. P wanted to enjoin the publication for national security reasons. The papers revealed a great amount of details about American policy in Southeast Asia including military operations and diplomatic efforts. P claimed that publication would cause great harm to national security and prolong the Vietnam War. The District Court held that P did not meet the burden of justification. The D.C. Circuit affirmed. The Second Circuit reversed and enjoined publication. D appealed.

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