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FOUR - The Strange Case of Prior Restraint: The Pentagon Papers

Published online by Cambridge University Press:  05 June 2012

Hadley Arkes
Affiliation:
Amherst College, Massachusetts
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Summary

The scene: Washington, D.C., in the mid-1980s, a meeting of a panel of the National Endowment for the Humanities. Four professors were sitting with members of the professional staff, reviewing proposals for grants. One proposal, bristling with promise, or at least with pretension, offered a plan for a documentary series on television, dealing with the issue of “prior restraints.” Within the space of two broadcasts, the program would move from the landmark case of Near v. Minnesota in 1931, to the famous case of the Pentagon Papers in 1971. Each story would have, for the screen, rather colorful characters, with sides dark enough to cast deep shadows and textures. With Near v. Minnesota, there was the story of the Saturday Press, something down dirtier and lower than what we could call the scandal sheets in our own day, “journals” (if one could call them that) like the National Enquirer, sold in supermarkets. Like the sensational tabloids of our own day, the Saturday Press trafficked in scandals. But unlike the tabloids sold today in supermarkets, the newspaper in Minneapolis had blackmail as a much more deliberate part of its rationale, or its plan of business. Without taking sides too quickly, we may say that the owners of this newspaper were counting on more than advertising and sales to make their money in publishing.

Type
Chapter
Information
Constitutional Illusions and Anchoring Truths
The Touchstone of the Natural Law
, pp. 108 - 149
Publisher: Cambridge University Press
Print publication year: 2010

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References

McNamara, Robert S., In Retrospect: The Tragedy and Lessons of Vietnam (New York Times Books, 1995), p. 186Google Scholar
Sheehan, Neil, Smith, Hedrick, Kenworthy, E.W., and Butterfield, Fox, The Pentagon Papers: The Secret History of the Vietnam War (New York: Bantam Books, July 1971), p. 310Google Scholar
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Sterling, Claire, Time of the Assassins (New York: Holt, Rinehart and Winston, 1985), p. 196Google Scholar
Haldeman, H. R. and DiMona, Joseph, The Ends of Power (New York: New York Times Book Company, 1978), p. 110Google Scholar
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Kurland, Philip B. and Casper, Gerhard, eds., Landmark Briefs and Arguments of the Supreme Court of the United States (Arlington, Va.: University Publications of America, 1975), Vol. 71, pp. 3–21
Smith, Richard Norton's biography, The Colonel: The Life and Legend of Robert R. McCormick (Boston: Houghton Mifflin, 1997), pp. 429–37Google Scholar
Rudenstine, David, The Day the Presses Stopped: A History of the Pentagon Papers Case (Berkeley: University of California Press, 1996), p. 189Google Scholar
Kurland, Philip B. and Lerner, Ralph, eds., The Founders' Constitution (Chicago: University of Chicago Press, 1987), Vol. 5, no. 20
Mill, , Utilitarianism (Indianapolis: Bobbs-Merrill, 1957 [1861]), p. 61Google Scholar

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