Ssingle dating direct 544 txt 544
In seeking injunctions against these newspapers, and in its presentation to the Court, the Executive Branch seems to have forgotten the essential purpose and history of the First Amendment. In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. § 793(e) provides that [w]hoever having unauthorized possession of, access to, or control over any document, writing . In three of those eight, "publish" is specifically mentioned: § 794(b) applies to Whoever, in time of war, with intent that the same shall be communicated to the enemy, collects, records, (Emphasis added.) Thus, it is apparent that Congress was capable of, and did, distinguish between publishing and communication in the various sections of the Espionage Act. During the debates in the Senate, the First Amendment was specifically cited, and that provision was defeated. case, and direct that it affirm the District Court. Moreover, the President has sent a set to the Congress.
This thought was eloquently expressed in 1937 by Mr. Our cases, it is true, have indicated that there is a single, extremely narrow class of cases in which the First Amendment's ban on prior judicial restraint may be overridden. "[T]he chief purpose of [the First Amendment's] guaranty [is] to prevent previous restraints upon publication." at 713.
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Therein lies the security of the Republic, the very foundation of constitutional government. In introducing the Bill of Rights in the House of Representatives, Madison said: [B]ut I believe that the great mass of the people who opposed [the Constitution] disliked it because it did not contain effectual provisions against the encroachments on particular rights. And, therefore, every restraint issued in this case, whatever its form, has violated the First Amendment -- and not less so because that restraint was justified as necessary to afford the courts an opportunity to examine the claim more thoroughly. 51 (1965), and similar cases regarding temporary restraints of allegedly obscene materials are not in point. Here there is no question but that the material sought to be suppressed is within the protection of the First Amendment; the only question is whether, notwithstanding that fact, its publication may be enjoined for a time because of the presence of an overwhelming national interest.
Unless and until the Government has clearly made out its case, the First Amendment commands that no injunction may issue. For those cases rest upon the proposition that "obscenity is not protected by the freedoms of speech and press." 354 U. Similarly, copyright cases have no pertinence here: the Government is not asserting an interest in the particular form of words chosen in the documents, but is seeking to suppress the ideas expressed therein.