The topic at the time was the Vietnam War, but the same principles apply now in the COVID-19 pandemic.
Justice Black is often regarded as a leading defender of First Amendment rights such as the freedom of speech and of the press. He refused to accept the doctrine that the freedom of speech could be curtailed on national security grounds. Thus, in New York Times Co. v. United States (1971), he voted to allow newspapers to publish the Pentagon Papers despite the Nixon Administration‘s contention that publication would have security implications. In his concurring opinion, Black stated,
In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government’s power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. … The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment.
— Justice Hugo L. Black, New York Times Co. v. United States, 403 U.S. 713 (1971)
Sources:
- June 30, 1971. Hugo L. Black. “NEW YORK TIMES COMPANY, Petitioner, v. UNITED STATES. UNITED STATES, Petitioner, v. The WASHINGTON POST COMPANY et al.” LII / Legal Information Institute.
https://www.law.cornell.edu/supremecourt/text/403/713.
University. - June 30, 1971. “New York Times Co. v. United States, 403 U.S. 713 (1971).” Justia Law.
https://supreme.justia.com/cases/federal/us/403/713/.
General Website Link. - “New York Times Co. v. United States.” In Wikipedia.
https://en.wikipedia.org/w/index.php?title=New_York_Times_Co._v._United_States.
Reference. - “Hugo Black.” In Wikipedia.
https://en.wikipedia.org/w/index.php?title=Hugo_Black.
Reference.