Affidavit of James L. Greenfield
6/19/1971
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This document comes from the court case United States of America v. The New York Times Company, et al., known as the "Pentagon Papers case." This landmark First Amendment freedom-of-the-press case confirmed that the New York Times and Washington Post newspapers were allowed to publish the Pentagon Papers, which were classified.
Beginning in June 1971, the New York Times began printing excerpts of leaked classified documents, known as the Pentagon Papers, about the Government’s role and knowledge surrounding the conflict in Vietnam. The Government sought a judge’s order to stop the publication on grounds of national security. The foreign editor of the New York Times, James Greenfield, argued in this affidavit that a restraining order delaying publication would cause the articles to “lose their newsworthy value to The Times as an exclusive story, and will cause The Times to lose all benefit from the large sums of money, time and energy expended by The Times in compiling this story.”
After the Government injunction to stop the New York Times publication, the Washington Post began publishing the documents. The Government once again sought a court order. Both cases were combined and appealed to the Supreme Court, which ruled in favor of the newspapers. This was viewed as a landmark First Amendment case, supporting freedom of speech and of the press.
Beginning in June 1971, the New York Times began printing excerpts of leaked classified documents, known as the Pentagon Papers, about the Government’s role and knowledge surrounding the conflict in Vietnam. The Government sought a judge’s order to stop the publication on grounds of national security. The foreign editor of the New York Times, James Greenfield, argued in this affidavit that a restraining order delaying publication would cause the articles to “lose their newsworthy value to The Times as an exclusive story, and will cause The Times to lose all benefit from the large sums of money, time and energy expended by The Times in compiling this story.”
After the Government injunction to stop the New York Times publication, the Washington Post began publishing the documents. The Government once again sought a court order. Both cases were combined and appealed to the Supreme Court, which ruled in favor of the newspapers. This was viewed as a landmark First Amendment case, supporting freedom of speech and of the press.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 74904216
Full Citation: Affidavit of James L. Greenfield; 6/19/1971; SDNY 71 Civ 2662; United States of America v. The New York Times Company, et al.; Civil Case Files, 1938 - 1995; Records of District Courts of the United States, Record Group 21; National Archives at New York, New York, NY. [Online Version, https://docsteach.org/documents/document/affidavit-james-greenfield, March 28, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
