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The Pentagon Papers, a series of articles being published in the New York Times, revealed this to be, at best, an exeration of the truth. It suggested that the American destroyers might even have penetrated into North Vietnamese territorial waters prior to the attack on them.
The case raced to the Supreme Court, where the justices were faced with a crucial question: Was this the moment that Chief Justice Hughes had warned about in Near? Was the information in the Pentagon Papers a threat to national security akin to the publication of the location of troops? Moving with uncharacteristic speed, the Court said no. By a vote of 6-to-3, the justices held that the government had not met the heavy burden established in Near to warrant a prior restraint.