Ten
years after Congress banned sales of sexually explicit material on
military bases, the Pentagon is under fire for continuing to sell adult
fare, such as Penthouse and Playmates In Bed, that it
doesn't consider explicit enough to pull from its stores.
Dozens of religious nutter and anti-pornography groups have complained
to Congress and Defense Secretary Robert Gates that a Pentagon board set
up to review magazines and films is allowing sales of material that
Congress intended to ban.
They're saying 'we're not selling stuff that's sexually explicit' …
and we say it's pornography, says Donald Wildmon, head of the
American Family Association, a Christian anti-pornography group. A
letter-writing campaign launched Friday by opponents of the policy aims
to convince Congress to get the Pentagon to obey the law, he
adds.
In an Aug. 15 letter to the groups, Leslye Arsht, a deputy
undersecretary of Defense, said the Pentagon's Resale Activities Board
of Review uses appropriate guidelines to review material for sale.
This year, the board reviewed Penthouse and several Playboy publications
and determined that based solely on the totality of each magazine's
content, they were not sexually explicit, Arsht wrote.
The Military Honor and Decency Act of 1996 bars stores on military bases
from selling "sexually explicit material." It defines that as film or
printed matter the dominant theme of which depicts or describes
nudity or sexual activities in a lascivious way.
Challenged as a First Amendment violation, the law was upheld by a U.S.
appeals court in 2002.
Defense officials don't want to take porn away from soldiers,
says Patrick Trueman, a former federal prosecutor who now works with the
Alliance Defense Fund, a Christian legal group. They say, 'well, 40%
of this magazine is sexually explicit pictures, but 60% is writing or
advertising, so the totality is not sexually explicit.' That's
ridiculous.
Rep. Roscoe Bartlett, who sponsored the law, says the military is
skirting Congress' intent. He notes the material also could contribute
to a hostile environment for female military personnel. If soldiers
want to read that stuff, they can walk down the street and buy it
somewhere else, Bartlett says. I don't want (the military) to
help.
Nadine Strossen, a New York Law School professor who heads the American
Civil Liberties Union, says the law effectively censors what troops get
to read in remote areas or combat zones. We're asking these people to
risk their lives to defend our Constitution's principles … and they're
being denied their own First Amendment rights to choose what they read,
she said.
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