Reading Room Document

Permanent Injunctive Relief Against the Publication of the Defense Department Vietnam Study by the New York Times

This memo opined that the attorney general did not need to rely on specific statutory authorization to seek an injunction against the continued publication of the Pentagon Papers, but would likely need to demonstrate “irreparable damage to the national security” in order to succeed. It suggested that the Justice Department argue that the publication of “top secret” documents would be sufficient to show irreparable damage, which, if accepted, would have given the government broad power to obtain prior restraints against reporting about national security.

June 16, 1971