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Court Upholds Military Sales Limits

September 17, 2002

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SAN FRANCISCO (AP) _ A federal appeals court has upheld a law banning the sale or rental of sexual explicit material on military bases.

The decision Friday by 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 court rejected a challenge from magazine distributors who claimed the law was, among other things, a violation of the First Amendment.

The appeals court 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 U.S. Circuit Court of Appeals.

``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.

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