Military can prohibit on-base sales of sexually explicit materials
By The Associated Press
09.17.02
SAN FRANCISCO — A federal appeals court panel has upheld a law banning the sale or rental of sexually explicit material on military bases.
The Sept. 13 decision in PMG Int'l Division v. Rumsfeld by a three-judge panel of the 9th U.S. Circuit Court of Appeals supports a San Jose federal judge who upheld the Military Honor and Decency Act of 1996.
The appeals panel rejected a challenge from magazine distributors who claimed the law was, among other things, a violation of the First Amendment.
The appeals panel said the government had a right to censor what it sold on military bases. The ruling was similar to the 1997 decision by the 2nd Circuit.
"The act seeks to restrict the sale of materials at odds with the military's image of honor, professionalism and proper decorum," Judge Michael Daly Hawkins wrote.
The Resale Activities Board of Review, a Defense Department agency, decides what products to censor at military stores not open to the general public.
The board has allowed some magazines to remain on sale, including Playboy and something called Celebrity Skin. Among those banned are Penthouse, Hustler and Playgirl.