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New York Times Co. v. United States (1971): AP Gov Study Guide

The first page of the United States Constitution
The first page of the United States Constitution. National Archives · Public domain. Illustrative image.

AP Gov toolkit / Press and prior restraint

Start with the story. Then try explaining the rule without looking. This guide includes six practice questions and a writing check, so you can see what you understand and what needs another look.

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Sources reviewed October 29, 2026 · Independent, AI-assisted student resource · Not an official College Board guide

Case notes and practice

Choose your answers, then select “Check my answers.” Blank questions count as not yet correct. The test runs only in this page; answers and scores are not sent or saved. Reset clears your choices. The writing checklist is here to help you practice. It is not an official AP scoring guide.

09 New York Times Co. v. United States (1971)Press and prior restraint · 6 questions + written practice

The case in plain English

What happened: The federal government tried to stop newspapers from publishing the Pentagon Papers, a classified history of U.S. involvement in Vietnam.

The question: Had the government justified stopping publication in advance?

The conclusion: The government had not met the heavy burden needed for the requested prior restraint.

Why: Stopping the press before publication carries a strong constitutional presumption against it. The per curiam result was accompanied by separate opinions.

Watch the limit: The case did not declare that every disclosure is lawful or that national security can never matter.

Read the court opinion and syllabus on Justia · Oyez case guide and available audio

Practice test: New York Times Co. v. United States

Not checked yet. Make your choices, then check your reasoning.

1. Which government action was at issue?

Facts

Check the answer and reasoning

A. Trying to stop publication of the Pentagon Papers

The attempt to prevent publication is the key fact for identifying prior restraint.

2. Which is the most careful statement of the result?

Holding

Check the answer and reasoning

B. The government failed to justify this prior restraint

The Court decided whether the requested restraint was justified. Avoid absolute claims about all future disclosures.

3. What is a prior restraint?

Reasoning

Check the answer and reasoning

C. Government restriction before publication

Timing and government action matter. A private editorial choice is not the restraint at issue here.

4. Officials ask a court to block tomorrow’s article. What should a comparison focus on?

Apply it

Check the answer and reasoning

D. The government’s justification for preventing publication

Analyze the constitutional burden and proposed restriction. Political preference does not resolve the press question.

5. Which conclusion is unsupported?

Limits

Check the answer and reasoning

A. No publication can ever lead to legal consequences

A ruling against stopping publication in advance does not decide every possible question about publication or its aftermath.

6. What is a useful distinction from Schenck?

Compare

Check the answer and reasoning

B. Stopping press publication in advance versus punishment for speech

The comparison involves timing, setting, and the kind of restriction. The shared speech theme alone is not enough.

Written practice: explain more than the name

This is original practice, not a released AP question. Answer all three parts in a few clear sentences.

  1. Define prior restraint using the facts.
  2. Explain the government’s burden and this result.
  3. Distinguish the ruling from an absolute right to publish anything without consequences.
Open the written-response self-check

Give yourself one point for each idea you explained correctly. Use the checklist to see what needs another look. It does not predict your exam score.

  1. Identify the government’s effort to stop publication before it happened.
  2. State that the government did not meet the heavy burden here.
  3. Explain the limited issue without claiming all related legal questions were settled.

A strong answer links a fact to the Constitution. If you only named an amendment, add a “because” to explain why it fits.

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Original, unofficial practice prepared with AI assistance. AP is a trademark of College Board, which does not endorse this project. These questions do not predict an exam score. Educational information, not legal advice. Check the current College Board framework with your teacher.