From Secrets: A Memoir of Vietnam and the Pentagon Papers by Daniel Ellsberg, Chapter 29: Going Underground
[Previous chapter on Daniel’s relations with Neil Sheehan]
On Monday evening, June 14, 1971, we went to a dinner parry at the house of Peter Edelman and Marian Wright Edelman. It was jammed with people sitting on the floor and sofas with plates in their laps, and there were two topics of conversation: What the Pentagon Papers were revealing, and who had given them to the New York Times. Patricia and I listened without contributing much. Jim Vorenberg was eating, on the floor, in one corner of the room. Our eyes didn’t meet.
Tuesday morning the third installment appeared. Attorney General John Mitchell sent a letter to the New York Times asking it to suspend publication and to hand over its copy of the study. The Times declined, and that afternoon the Justice Department filed a demand, the first in our country’s history, for an injunction in federal district court in New York. The judge granted a temporary restraining order while he considered the injunction. For the first time since the Revolution, the presses of an American newspaper were Stopped from printing a scheduled story by federal court order. The First Amendment, saying “Congress shall pass no law … abridging the freedom of speech, or of the press,” had always been held above all to forbid “prior restraint” of newspaper or book publication by federal or state government, including courts and the executive branch. The Nixon Justice Department was making a pioneering experiment, asking federal courts to violate or ignore the Constitution or in effect to abrogate the First Amendment. It was the boldest assertion during the cold war that “national security” overrode the constitutional guarantees of the Bill of Rights.