The H Bomb Case

Discussion Questions

1. Do you think freedom of the press should be understood to allow publication of the H-bomb article? Why or why not?

2. Do you think Erwin Knoll had the legal right to publish the article, but was morally wrong to publish it? Explain your answer.

3. List Judge Warren’s reasons for granting the injunction. Did he reach the legally right decision, or do his critics successfully show his opinion was wrong? Explain your answer.

4. What benefits, if any, would follow from allowing prior restraint of the press by the government? What costs, if any, would follow from allowing it? Which do you think counts for more: the benefits or the costs? Explain your answer.

5. Should the standard for prior restraint be the mere possibility of harm to national security? A “disparity” of risk? The overwhelming likelihood of harm? Should no prior restraint be allowed at all? Explain your answer.

6. Was Griffin Bell right to drop the case, or should he have continued his case against The Progressive? Explain your answer. Should he have prosecuted the Press Connection for publishing Hansen’s letter? Why or why not?

7. Ron McCrea of the Press Connection drew four conclusions from his experience with this case. Do you agree with any of them? Why or why not?