ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Thursday, January 23, 1997 TAG: 9701230048
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: NEW YORK
SOURCE: Associated Press
AN ACT THAT PROHIBITED the sale or rental of sexually explicit materials at military bases is declared unconstitutional.
Sexually explicit magazines such as Penthouse, Playboy and Hustler cannot be banned from sale at military bases, a federal judge ruled Wednesday, striking down the practice as unconstitutional.
``Society is better served by protecting our cherished right to free speech, even at the cost of tolerating speech that is outrageous, offensive and demeaning,'' Judge Shira Scheindlin wrote.
Penthouse's parent company and other publishers had challenged the Military Honor and Decency Act of 1996, which forbids the sale or rental of sexual material at any military facility.
The act, added to the defense budget bill, passed without congressional debate in May. President Clinton signed it in September, and it was to take effect last month.
The judge issued a temporary restraining order last month to prevent the law from going into effect while she considered the publishers' challenge, which said the law violated their rights to free speech and free expression.
Bob Guccione, publisher of Penthouse, said the judge's decision has given ``the First Amendment a new spit shine.''
``The fact that others might find the magazines offensive is not a rationale for barring them,'' Guccione said.
Scheindlin said the government contended that the act is based on Congress' determination that ``the sale or rental of sexually explicit materials jeopardized the military mission of promoting core values such as `honor, courage and commitment.'''
Lawmakers who opposed the measure had warned that the act's loose wording could extend the ban to the Internet, cable television, sex manuals for married couples or the Sports Illustrated swimsuit issue.
Proponents insisted the measure was limited to the sale or rental of sexually explicit magazines and videos. They said service people could still buy the material off base, but it should not be sold along with other discounted goods in post exchanges.
The American Civil Liberties Union also opposed the measure. It said Congress could show no compelling interest for placing restrictions on First Amendment rights.
LENGTH: Medium: 51 linesby CNB