I propped myself up on an elbow as the announcer read the news: The Supreme Court ruled, 6-3, against Nixon. The government’s unprecedented move to stop the presses had failed. The Court agreed with two lower courts that the attempt to impose prior restraint on the press was unconstitutional.
The ruling turned out to be more complex than at first glance, but it was an unequivocal call for Constitutional constraint on an out-of-control control executive. The Court challenged the executive’s misuse of “national security” as a mantra to undermine the Bill of Rights and accrue quasi-dictatorial powers. Writing for the majority, Justice Hugo Black boldly took on Nixon’s nonsense:
“To find that the President has ‘inherent power’ to halt the publication of news by resort to the courts would wipe out the First Amendment and destroy the fundamental liberty and security of the very people the Government hopes to make ‘secure.’
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