The First Amendment of the Constitution tolerates no prior judicial restraints of the press predicated upon surmise or conjecture that untoward consequences may result. Thus, only governmental allegation and proof that publication must inevitably, directly and immediately cause the occurrence of an event kindred to imperiling the safety of a transport already at sea can support the issuance of an interim restraining order. Unless and until the Government has clearly made its case, the First Amendment of the Constitution commands that no injunction be issued.
The responsibility must be where the power is. The Executive must have the large duty to determine and preserve the degree of internal security necessary to exercise its power effectively. The Executive is correct with respect to some of the documents here, but disclosure of any of them will not result in irreparable danger to the public.
The United States has not met the very heavy burden, which it must meet to warrant an injunction against publication in these cases.
The ultimate issue in this case is whether this Court or the Congress has the power to make this law. It is plain that Congress has refused to grant the authority the Government seeks from this Court.