Page 30 - ARUBA TODAY

A30 PEOPLE & ARTS
Monday 26 February 2018
'The Post' renews attention for Pentagon Papers ruling

By HILLEL ITALIE report on June 13, 1971.
NEW YORK (AP) — Steven After the Nixon administra-
Spielberg's Oscar-nominat- tion obtained an injunc-
ed "The Post" has revived tion in federal court, the
interest in the newspaper Post and other newspapers
battles of the 1970s, the published their own ac-
lives of Washington Post counts. The Supreme Court
publisher Katharine Gra- agreed to hear the case of
ham and executive Ben the Times vs. the govern-
Bradlee and the risks of ment on June 26. Abrams
publishing the top-secret said a key moment was
documents known as "The Bickel’s response to a ques-
Pentagon Papers." tion from Justice Stewart:
It also brought attention, “Let us assume that when
however brief, to one of the members of this Court
the country's signature First open up this sealed record
Amendment rulings: The we find something that ab-
New York Times Co. v. Unit- solutely convinces us that
ed States was a 6-3 decision its disclosure would result in
in 1971 rejecting the Nixon the sentencing to death of
administration's argument 100 young men whose only
that releasing the Penta- offense had been that they
gon Papers endangered were 19 years old and had
national security. Much of In this image released by 20th Century Fox, Tom Hanks portrays Ben Bradlee, left, and Meryl Streep low draft numbers. What
the movie focuses on the portrays Katharine Graham in a scene from "The Post." should we do?” Bickel’s an-
Washington Post's decision Associated Press swer was “controversial,”
to publish the papers after but “essential,” according
a federal court injunction the press. Volokh, a professor of law Marshall and William O. to Abrams: “My inclination
against the Times, which "The decision powerfully re- at UCLA and a former Su- Douglas. Abrams and co- to humanity (would) over-
broke the story. affirms that even the most preme Court clerk. "The counsel Alexander Bickel come the somewhat more
The ruling serves as the vic- important government in- decision also makes clear hoped to win over Justices abstract devotion to the
torious climax to the press's terests (such as national that courts generally aren't Potter Stewart and Byron First Amendment.” Abrams
battle against the govern- security) generally can't allowed to issue injunctions White. said that it was important
ment. And nearly a half- justify suppressing factual restraining speech." "We were well aware as the to show the Court that if
century later, the decision reporting, and courts have The Pentagon Papers oral argument in the case they believed soldiers really
remains a major landmark repeatedly cited it for that came out during a rela- commenced that four were in danger, the Times
in the history of freedom of proposition," said Eugene tively liberal on the court, votes would all but sure- would act in a responsible
although it was becoming ly be in favor the Times," manner.”
more conservative since Abrams told the AP in a re- The ruling was announced
the departure of Chief Jus- cent email. "(But) we did in- June 30. In a concurring
tice Earl Warren in 1969. deed think the ruling could opinion and his last opinion
Warren Burger, who suc- be a close one and that for the court, Black, who
ceeded Warren, was a Nix- victory was by no means retired in September and
on appointee determined assured." The Pentagon Pa- died days later, contended
to roll back the alleged pers were commissioned that “The press was protect-
excesses of the Warren by the defense depart- ed so that it could bare the
court. And the resigna- ment in 1967 to provide a secrets of government and
tion of Abe Fortas led to history of the country's in- inform the people. Only a
the appointment of Harry volvement in Vietnam. One free and unrestrained press
Blackmun, who became a of the contributors, Daniel can effectively expose de-
prominent liberal but was Ellsberg, had become disil- ception in government.
initially aligned with his fel- lusioned with the war and And paramount among
low Minnesotan Burger, saw the study as a chance the responsibilities of a free
the so-called "Minnesota to show how the public press is the duty to prevent
Twins." One of the counsels had been deceived for any part of the Govern-
for the Times, Floyd Abrams, years by the government. ment from deceiving the
said he was confident that Ellsberg leaked what be- people and sending them
he had the votes from four came known as the Pen- off to distant lands to die of
justices: Hugo Black, Wil- tagon Papers to the Times, foreign fevers and foreign
liam Brennan, Thurgood which published its first shot and shell.”q

budgetaruba@setarnet.aw