a. “I am convinced that the Executive is correct [that there
would be a national security threat] with respect to some of the
documents involved. But I cannot say that disclosure of any of the
documents will surely result in direct, immediate, and irreparable
damage to our nation or its people.”
– Note that the language used here is the same as in Brennan’s test.
Thus, three members of the court—Brennan, Stewart, and
White—essentially applied the same test.
b. An informed and free press enlightens the people, and allows
people to perform their duty in a democracy. Prior restraints
interfere with a free press, an informed people, and the democratic
c. It is the Executive’s responsibility to keep confidential
information top-secret. Here, the Executive obviously failed. The
government can use laws to prosecute whoever leaked the info.
– The concurrence suggests that it is hard to sympathize with
the Executive’s dilemma since the government blew it and allowed confidential info. to leak. Also note how the concurrence suggests that the remedy for the leaked info is subsequent punishment, not prior restraint.
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