| Venue: | SCOTUS |
| Facts: | Ellsberg leaks the pentagon papers to NYT and WaPo. They intend to publish. |
| Posture: | Suit for injunction; bubbles up to SCOTUS immediately (the whole federal judicial system in just 18 days!) |
| Issue: | Has the government met its burden of showing the constitutional validity of this restraint? |
| Holding: | No. |
| Rule: | 1A rules. |
| Reasoning: | None. |
| Dicta: | Stewart, concurring: If the executive wants this stuff to be secret, then protect it from being leaked-- don't try to shut down the press once it's out. |