June 17, 2013
Context One: It is 1971 and the United States is mired in a losing war in Vietnam. Thousands of young American soldiers are coming back to the U.S. in coffins or physically and psychologically maimed. Scenes of war can be witnessed nightly on the evening news.
In the midst of this mayhem the American military analyst Daniel Ellsberg gives the New York Times a copy of a classified analysis of the war entitled, “United States – Vietnam Relations, 1945-1967” aka the “Pentagon Papers.” The Nixon administration then sought to prevent the publication of this report through a court injunction. Ultimately the Supreme Court overturned the injunction in a 6-3 ruling that favored the public’s right to know.
The government also attempted to prosecute Ellsberg under the 1917 Espionage Act for releasing classified information to the public. That was thrown out of court because in making their case, government agents had gathered information through an illegal wiretap.