Parties: Gravel v. United States
Date: 1972-06-29
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Paragraph: 106 - Whether the Speech or Debate Clause extends to the informing function is an issue whose importance goes beyond the fate of a single Senator or Congressman. What is at stake is the right of an elected representative to inform, and the public to be informed, about matters relating directly to the workings of our Government. The dialogue between Congress and people has been recognized, from the days of our founding, as one of the necessary elements of a representative system. We should not retreat from that view merely because, in the course of that dialogue, information may be revealed that is embarrassing to the other branches of government or violates their notions of necessary secrecy.
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Phrase match: the right of an elected representative
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Paragraph: 61 - The federal courts do become vitally involved whenever their power is sought to be invoked either to protect the press against censorship as in New York Times Co. v. United States, 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822, or to protect the press against punishment for publishing 'secret' documents or to protect an individual against his disclosure of their contents for any of the purposes of the First Amendment.
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Phrase match: the press against censorship as in New
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Paragraph: 79 - To summon Beacon Press through its officials before the grand jury and to inquire into why it did what it did and its publication plans is 'abridging' the freedom of the press contrary to the command of the First Amendment. In light of the fact that these documents were part of the official Senate record, Beacon Press has violated no valid law, and the grand jury's scrutiny of it reduces to '(e)xposure purely for the sake of exposure.' Uphaus v. Wyman, 360 U.S., at 82, 79 S.Ct., at 1047 (Brennan, J., dissenting). As in United States v. Rumely, 345 U.S. 41, 73 S.Ct. 543, 97 L.Ed. 770, where a legislative committee inquired of a publisher of political tracts as to its customers' identities, N60* '(i)f the present inquiry were sanctioned the press would be subjected to harassment that in practical effect might be as serious as censorship.' Id., at 57, 73 S.Ct., at 551 (concurring opinion). Under our Constitution the Government has no surveillance over the press. That includes, as we held in New York Times Co. v. United States, 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822, the prohibition against prior restraints. Yet criminal punishment for or investigations of what the press publishes, though a different species of abridgment, is nonetheless within the ban of the First Amendment.
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Phrase match: as serious as censorship.' Id., at
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