
Dave’s views
a. From where did the government’s power come to exercise prior
restraint in this case? The government argued that the President,
under the Executive Clause, can exercise prior restraint when there
are threats to national security.
b. The government offered no specific evidence that “national
security” would have been threatened. Brennan said the government
did not “make its case.” Black and Douglas referred to “security” as
a “broad, vague generality whose contours should not be invoked to
abrogate the fundamental law embodied in the First Am.”
c. Even though the Government argues the information was
confidential and a national security threat, some of the report had
already been published.
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