Paul R. Hays

Paul R. Hays (born April 2, 1903, Des Moines, Iowa, U.S.—died February 13, 1980, Tucson, Arizona) was an American judge best known for his participation in the tribunal that ruled on the Pentagon Papers case (1971).

While studying at Columbia University (B.A., 1925; M.A., 1927; LL.B., 1933), Hays was an instructor (1926–32) there in Latin and Greek. After briefly working with the law firm of Cravath, de Gersdorff, Swaine & Wood in New York City, he returned to his alma mater, where he taught law from 1936 to 1971.

During that period, in 1961, Hay was appointed a judge of the U.S. Court of Appeals for the 2nd circuit by Pres. John F. Kennedy, a court that 10 years later was to rule on the Pentagon Papers affairs. Hays extended a restraining order against publication by The New York Times of a secret Pentagon study (known as the Pentagon Papers) outlining the origins of the Vietnam War (1954–75). He then voted with the majority when the court ruled 5–3 to delay publication of portions of the documents until secret hearings could determine whether circulation of the papers would be detrimental to national security. Later the Supreme Court approved the right of publication.

Hays also wrote the majority opinion in a 2–1 ruling that declared that the Swedish director Vilgot Sjöman’s 1967 film I Am Curious (Ye1low) was not obscene. In 1974 Hays became senior member of the Court of Appeals. Though it was far less notorious than his involvement in those two cases, Hays discussed his role as a labour arbitrator and impartial chairman of various companies in such books as Cases and Materials on Civil Procedure (1947) and Labor Arbitration: A Dissenting View (1966).