United States Ninth Circuit

A ban on the sale or rental of sexually explicit material on Department of Defense property, under the Military Honor and Decency Act, is not government speech, and because military exchanges are non-public fora, the Act is a reasonable and viewpoint neutral regulation of speech.

Appellate Information

• Argued 02/12/2002
• Decided 09/13/2002
• Published 09/13/2002

Judges

• Before D.W. NELSON and HAWKINS, Circuit Judges, and FITZGERALD, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerald H. Goldstein (argued) and Cynthia Hujar Orr, Goldstein, Goldstein & Hilley, San Antonio, TX, for the Plaintiff-Appellant.


• For Appellees:
  
• David O. Buchholz, United States Department of Justice, Civil Division, Washington, DC, for the Defendants-Appellees.