Sir, we would argue that while the government interest in protecting national security is an important interest, the Roth case does not justify the government encroachment on our Freedom of the press. The Roth case provides that the government can encroach on the freedom of the press only if it is attempting to protect other rights from being infringed on. In our case, Mr. President, none of our rights are at risk. The ban on media coverage of the War is not in response to a perceived loss of rights by the people, but based on a perceived threat to the country. The Roth case does not make provision for infringement on our rights under these circumstances and therefore the infringement is not justified.

Even though the Roth case was overruled by Miller v. California, 413 U.S. 15 (1973) regarding the issue of whether obscenity is protected under the First...
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