Based on the decision in New York Times v. United States, under what circumstances can prior restraint be suspended?

Question

A) when the information shared is proven to be true
B) when sharing information related to public interest
C) when the information shared is about a public official
D) when sharing information about national security

Answer 1

The decision in New York Times v. United States (1971) primarily dealt with the principle of prior restraint and the government's ability to prevent publication of information. The Court ruled that prior restraint is generally unconstitutional unless there is a compelling justification. Specifically, this justification often relates to national security.

Given the provided options, the correct answer would be:

D) when sharing information about national security.

The Court held that for the government to impose prior restraint, it must demonstrate that the publication would cause inevitable, direct, and immediate harm to national security.