Alexander M. Bickel, William E. Hegarty and

Alexander M. Bickel, William E. Hegarty and Lawrence J. McKay
were the ones who argues the case for the plaintiff which in this case was the
United States. Not only do the three of them argue the case for the United
States but so does Solicitor General Griswold, Assistant Attorney General
Mardian and Daniel M. Friedman. William R. Glendon, Roger A. Clark, Anthony F. Essaye,
Leo P. Larkin, Jr. and Stanley Godofsky argues the case in for the defendant
which was the New York Times Company. The case went to three different lower
courts before it got sent to the Supreme Court to get the final decision of
whether the Pentagon Papers could be published or not. The first lower court
the case went to first was the Court of Appeals for the District of Columbia
Circuit where the case was affirmed. The next court the case went to was the
Court of Appeals for the Second Circuit where the case was reversed and had to
be sent to a third lower court. The third lower court was the District Court
for the Southern District of New York in order to be affirmed again. From the last
court it was then decided to get sent to the Supreme Court due to the fact that
none of the courts came up with the same verdict.

The plaintiff of the case, which is the U.S. argues that
they wanted to stop the papers from getting published due to the fact that they
had information that could possibly hurt the national security. They also said
that the constitution gave them the right to protect national security by
stopping the New York Times form printing the Pentagon Papers. They also argues
that they shouldn’t be published because the U.S. was divided due to the
questioning on our involvement in the war. They also tried saying that the
first amendment was flexible especially when it came to possibly putting the
nation in danger. The defendant of the case, which is the New York Times argued
that the first amendment protects the freedom of press no matter what the case
may be and that the U.S. failed to prove that the publications would endanger the
nation. They also argued that under the first amendment it has that the people
of the U.S. have a right to know what is going on in the world and that the
press has every right to publish anything that gives information to the public.
With all of this being said, it comes down to the fact that the only thing the
U.S. wanted out of this was for those papers to not get published because they
didn’t want their secrets about the war to be public.

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