Which case upheld freedom of the press by preventing prior restraint in the Pentagon Papers situation?

• A. Schenck v. United States (1919)
• B. Brandenburg v. Ohio (1969)
• C. Reynolds v. United States (1878)
• D. New York Times Co. v. United States (1971)

Answer: (D)

Prior restraint and press freedom under the First Amendment. In the Pentagon Papers episode, the government tried to stop newspapers from publishing a leaked study on the Vietnam War. The Supreme Court said that government attempts to impose prior restraints on the press are highly disfavored and require a compelling justification showing immediate, grave harm. In this case, the government did not meet that heavy burden, so publication was allowed. This outcome strengthens protections for the press against censorship before publication.

The other cases involve different aspects of speech or religious freedom, not the specific issue of prior restraint on the press. Schenck v. United States established the standard that speech presenting a clear and present danger can be restricted; Brandenburg v. Ohio refined that to target incitement of imminent lawless action; Reynolds v. United States dealt with religious practices and loyalty to the state. None of these directly address preventing publication of information by the press, which is why the correct case is New York Times Co. v. United States.