– Summary of nine separate opinions (see below): Each of the
nine members on the Court wrote a separate opinion, and no majority
agreed on a precise rationale for the decision. The opinions fell
into basically three broad categories: Justices Black and Douglas
argue that there could never be a prior restraint of the press;
Justices Brennan, White, and Stewart contended that there could be
prior restraints in extraordinary cases, but that the present case
did not qualify; and Justices Burger, Harlan, and Blackmun believed
that prior restraint was appropriate here. (Justice Marshall’s
opinion was excluded from the casebook).
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