This comment examines the history of the national security exception to the prior restraint rule and discusses the elements of the Pentagon Papers standard in the context of the Marchetti and Progressive opinions. Application of those elements to the reasoning of the cases demonstrates the failure of these lower courts to follow the Supreme Court's strict view of when restraint is justified. Examining the theoretical basis underlying the first amendment, the comment concludes that strict application of the Pentagon Papers standard is essential to continuing protection of the American people's right to be informed of government activities.
Sherrie L. Bennett, The Broadening of The Pentagon Papers Standard: An Impermissible Misapplication of the National Security Exception to the Prior Restraint Doctrine, 4 SEATTLE U. L. REV. 123 (1980).