United States v. Washington Post Co. Et Al.

Background

The dispute involves the United States and the Washington Post Company, with a related case involving the New York Times. A lower court had imposed restraints on the Post, and the Post sought emergency relief. The Court of Appeals filed a Special Appendix listing items subject to restraint, and the government was allowed to supplement that list with particular items claimed to affect national security.

Reasoning

The Supreme Court treated the Post’s emergency stay request as a request for review by the full Court (called a petition for certiorari) and granted that review. The Court set oral argument for a specific date and waived regular printing rules so briefs and records could be filed together. The Court allowed material claimed to affect national security to be filed under seal. While the case proceeds, the Court continued the Court of Appeals’ restraint on the Post, but limited that restraint to the items specified in the Special Appendix and any additional items the United States identified by the stated deadline. The Post’s case was consolidated for argument with the Times’ case.

Real world impact

In practical terms, the Post remains subject to a narrow, temporary court order restricting publication of particular items while the Supreme Court prepares to hear the dispute. Sensitive material may be kept under seal. The decision is procedural, not a final ruling on the underlying freedom-of-the-press questions, so the outcome could change after full argument and decision.

Dissents or concurrances

Four Justices stated they would not have continued any restraint and would have denied the request for Court review, opposing the temporary continuation of limits on the Post.