Suit filed over military ban of sexually explicit material
NEW YORK–Attempting to overturn an act that forbids sales and rental of sexually explicit print, audio and video materials on Department of Defense property, a group of publishers and media distributors in mid-October filed a suit in federal District Court in New York City.
The publishing group claims that The Military Honor and Decency Act violates the constitution by targeting indecent audio recordings, films, video recordings or periodicals, which are protected by the First Amendment.
The group also claims that the act directs the secretary to enforce “unconstitutional prior restraint” of material protected by the First Amendment. Additionally, the group claims, the act violates the Fifth Amendment, because it is “unconstitutionally vague,” and the Equal Protection Clause of the Constitution, because it only bans certain forms of “sexually explicit” material.
A hearing on the motion for preliminary injunction is scheduled for early December. (General Media Communications, Inc. v. Perry; Media Counsel: Michael Bamberger, New York City)