Guccione Loses Appeal on Military Ban - Bob Guccione, Penthouse Cannot be Sold on Military Bases

Taken from FindArticles.com (Article Date: 1 March 1998):

If the federal government has its way, Bob Guccione's going to have to peddle his Penthouse somewhere else. The government recently won a federal appeals decision upholding a ban on selling adult titles in military exchanges.

The ban, officially called the Military Honor and Decency Act, was part of a 1996 defense bill and prohibits exchanges from selling what it defines as "sexually explicit material."

Thought by some legal scholars to be unconstitutional, the ban was initially overturned in early 1997. But the government appealed, and won a two-to-one panel decision in the Second Circuit last November. Now, attorneys for Guccione have filed their own counter-appeal seeking an en banc hearing (meaning all Second Circuit judges would hear, and rule on, the case). If that request is denied, Guccione's vowing to take his case to the U.S. Supreme Court.

"For any ordinary shop in the United States, we would agree with their right to carry or not carry any product for sale," Guccione says. "But when you force stores, through an act of Congress, to take a group of magazines and audiotapes and videotapes off the shelves, that is a First Amendment issue and clearly an act of censorship."

Supporters of the ban point out that it doesn't prohibit people in the military from buying the magazines off-base or subscribing to them. It merely bans the titles from being sold in base exchanges.

In 1997, the Army and Air Force Exchange Service, which runs all exchanges for those two branches, sold some $57 million in magazines, according to a spokesman. In exchanges around the world, AAFES carries 122 adult titles, accounting for 18 percent of total sales, though most stores only carry about five. Those titles are still currently on the shelves.

Lawrence Savell, a media law specialist at the New York City firm of Chadbourne & Park, says he thinks Guccione's appeal has merit. "Under classic First Amendment analysis, this [ban] wouldn't hold up," Savell says. "When you start distinguishing between different types of material, that undermines the legitimacy of the statute." He points out that the law as it's currently written would not ban a book containing erotic content, but would ban an audio recording of that book. Similarly, Penthouse is banned, but a book containing images from Penthouse would not be.

DOD Radio and TV has Higher Standard Than AAFES

This excerpt from DOD Directive 5120.20 shows that the Armed Forces Radio and Television Service (AFRTS) has restrictions that regulate what can be broadcasted. Pornography, explicit music, and explicit videos are all banned from broadcasting. Not only are these, but deviant and socially unacceptable behavior is also prohibited. Why can't AAFES apply similar standards to its product catalogue? If it is freedom of speech they claim as their reasoning, then why is there regulation of AFRTS? If it is inappropriate for AFRTS, then it is inappropriate for AAFES. There is absolutely no difference in what customers are authorized for both services and both have a captive audience of military families and service members.

C4.10. UNAUTHORIZED PROGRAMS and PROGRAM MATERIAL

C4.10.1. Pornographic Materials.

The airing, reproduction, or mere existence of audio and/or video pornographic materials within the premises of any AFRTS facility is prohibited. The airing, reproduction, or exhibition of any such materials within an AFRTS facility shall also be punishable under provisions of the Uniform Code of Military Justice (UCMJ).

C4.10.2. Demeaning Audio or Video Materials.

The airing or reproduction of any unauthorized audio or video program materials within an AFRTS facility shall also constitute a violation of this Regulation. Examples of such materials are: racist propaganda; audio/video materials whose sole purpose is to demean any race, gender, nationality, or religion; materials promoting the use of drugs or alcohol, or promoting deviant or socially unacceptable behavior; material promoting religious cults; material promoting the overthrow of governments.

C4.10.3. Lyrics Alert Labeling.
Outlets shall not air any song that is labeled with a "Lyrics Alert," "Very Explicit Lyrics" or similar notice. These music industry alerts are used to label songs that contain lyrics that may violate existing U.S. broadcast law and/or relevant community standards of good taste. Outlets shall report songs without alerts that include offensive swear words, racially demeaning language, lyrics that encourage drug use, sexual abuse or harassment, to AFRTS-BC.

The Effects of Video Games: A No-Brainer?

Taken from FRC.org:

Parents may not be the only ones with a violent reaction to video games. A new study from the Indiana University School of Medicine monitored brain activity in children with no history of behavioral problems. What they discovered was increased evidence of "emotional arousal" and "decreased responses in regions that govern self-control" when teens played particularly violent, as opposed to merely fast-action, video games. While the research did find short-term effects on the brain, professors admit that further studies are needed to establish a credible link between violent games and actual aggression. As violence levels and virtual realism increase in these games that dominate so much youthful time, more studies are urgently needed. As a parent, one thing's for sure--science doesn't need to find further proof that, when it comes to my kids' entertainment, caution is the name of the game.

This study only shows one thing in reference to AAFES. These Mature-Rated video games sold by AAFES requires more attention when being sold to minors. AAFES should incorporate policies that protect minors from purchasing these games. This study clearly shows that video games should be taken seriously. It also clearly should mean to AAFES that AAFES has responsibility for what it sells and who it sells them to.

Pornography Promotes Rape and Aggression Towards Women

According to the following studies, there is strong evidence that shows a direct correlation between pornography and sexual aggression towards women. According to this statistical analysis, AAFES has a choice to make. They can choose profit by selling pornography or they can choose to aid in the protection against sexual harassment and sexual abuse by not selling pornography. This article is taken from KTK.ru:

Gray, Susan (1982)
"Levels of aggression in already-angered men are increased by exposure to hard-core materials."

Federal Bureau of Investigation
Research conducted involving 36 serial murderers revealed that 81% (29/36) reported pornography as one of their highest sexual interests, making pornography one of the most common profile characteristics of serial murderers.

Dr. William Marshall (1983)
He found that 86% of rapists admitted regular use of pornography, with 57% admitting actual imitation of pornography scenes in commission of sex crimes.

Malamuth (1981)
Responses found to characterize (convicted) rapists were:
1) general acceptance of rape myths, and
2) high arousal to rape depictions.

He studied male college students, asking them, "How likely would you be to rape if you knew you would not be caught?" --35% indicated they would.

Malamuth and Check (1985)
After studying 307 students, they concluded that "media depictions (pornography) suggesting that (showing that) rape results in the victim's arousal contributes to men's belief in a similar rape myth -- particularly men with higher inclinations to aggress against women."

Victor Cline, Ph.D. (Utah Psychologist)
He identified a common pattern of progression with many pornography users (sex offenders):
1. addiction to hard core pornography;
2. escalation in the need for more shocking material;
3. desensitization toward initially shocking material; and
4. an increased tendency to "act out" sexual activities

Zillmann, Dolf (1982)
Findings show that massive exposure (4 hours forty minutes over six weeks) to standard pornography (people having consensual, nonviolent sex) resulted in
1. a loss of compassion toward women as rape victims and toward women in general;
2. a loss of concern about the effects of pornography on others;
3. a need for more violent and bizarre forms of sex;
4. a desensitization to violent, non-coercive hard core pornography; and
5. a trivialization of rape.

Michigan State Police ( Lt. Darrell H. Pope)
Studied and recorded the use of pornography in sex crimes. He researched 48,000 sex crimes spanning a 20 year period (1956-1979). (Research was done in 1977, replicated in 1981).

In 42% of the 48,000 sex crimes investigated, police indicated that pornography was involved -- used just prior to, or during the act of sexual assault -- as stated by the victim or the offender.

Silbert and Pines (1984)
A detailed content analysis of 193 cases of rape and of 178 cases of juvenile sexual abuse revealed a clear relationship between violent pornography and sexual abuse.

Goldstein, Kant and Harman (1973)
Rapists are 15 times as likely as non-offenders (30% to 2%) to have had exposure to "hard core" pornography during childhood or between 6 to 10 years of age. They also tended to report an earlier age of "peak experience" with pornography."

It is highly likely, based upon McGaugh's studies on memory, that the early experiences "stood out in the minds" of these children because of the release of the chemical epinephrine during their emotional arousal. This makes these findings even more disturbing.

The correlation investigations show, that porno materials can provoke a man to behave aggressively with a woman. As J. Court (1984) mentioned, during 1960-1970 the quantity of rapes has sharply increased after the widespread distribution of porno materials. Such tendency was not observed only in those regions of the world, where pornography distribution was under control. Here are some examples: at Hawaii the quantity of rapes increased in 9 times, than decreased (a temporary limit on pornography was introduced), than increased again (after the cancellation of the limit on pornography). The example of northern American States shows, that the selling rate of magazines with sexual content is in strict correlation with rape statistics (the quantity of young people and other factors were taken into account). Alaska was the first at selling sex-magazines and also at rapes, Nevada was at the second place, and so on. Sexual criminals are usually an active consumers of such products. People, who were condemned for sexual harassment to children, had watched porno films much more often, than those, who haven’t committed such crimes. The same is true with the serial killers (according to FBI data). One can suppose, that the consumption of porno products is the consequence (and not the cause) of some psychological deviation. But laboratory experiments indicate quite clear dependencies: the analysis of 21 experiments in this field allows to conclude, that watching porno materials, especially containing violence scenes, fosters aggressive attitude to women.

Troops Weigh in on Sale of Sexually Explicit Materials

Article taken from ArmyTimes.com:

A consumer group of enlisted members and officers should be formed “to help analyze material for decency,” in addition to the senior civilians who weed out sexually explicit magazines, videos and audio materials from the shelves of military stores.

That’s what one person suggested to Defense Department officials during their periodic review and updating of procedures for reviewing sexually explicit materials.

Nice try.

“Forming the suggested consumer group is unnecessary,” defense officials wrote in their response to that comment, included with others in the Nov. 15 edition of the Federal Register.

“The Resale Activities Board of Review includes civilian representatives from the Army, Navy, and Air Force who are capable of identifying sexually explicit material,” officials said.

The updated rule includes one new policy change that will open the door to reconsideration of some materials that have been previously rejected. Materials that have been determined by the board to be sexually explicit can be submitted for reconsideration every five years.

The Defense Department regulations are simply carrying out the Military Honor and Decency Act, passed by Congress 10 years ago. The law, spearheaded by Rep. Roscoe Bartlett, R-Md., has been challenged, but has been upheld in federal court.

Judging from the public comments in the Federal Register, it’s clear that many people are unaware of the law — and are surprised and concerned when they hear about it.

“I don’t want regulations on what I look at,” one service member wrote.

Others expressed concern about censorship and restrictions on free speech.

But as defense officials wrote in response to every one of these concerns, the regulation “does not prohibit the possession or viewing of the sexually explicit material” by military personnel or Defense Department civilian employees.

It only “prohibits the sale of sexually explicit material on property” under Defense Department jurisdiction.

Not everyone opposes the law; in fact one person wants it to go further.

“I don’t see how the barring of sale or rental of pornographic materials is going to help anything,” the person wrote.

If the issue is pornography on property owned by the Defense Department, “then possession of it should be banned entirely.”

Checking the Age of Minors for Inappropriate Media

AAFES already posts the above sign at all its Shoppettes and Exchanges at Fort Riley, Kansas. This is a very good system that is already in place. However, only doing this for alcohol and tobacco is not good enough. AAFES needs to do something similar to this for Rated R movies and Rated M video games. AAFES has a responsibility to not only protect children from tobacco and alcohol, but from sexually explicit and inappropriate media.

Another idea that would be a suitable solution is to have a prompt at the register that reminds the cashier to card a customer when one of these inappropriate items is scanned.

Once a system is in place, it is also up to AAFES to ensure that the employees are properly trained. We are asking AAFES to be more like Wal-Mart who already has register prompts and gives formal training to all its employees that teaches them the different video game and movie ratings and what to do when confronted with a situation dealing with those forms of media.

Wal-Mart Makes Check-Out Lanes Family-Friendly

Taken from CWFA.org (Article Date: June 11, 2003):

Places Blinders Over Racy Magazines

Wal-Mart’s latest move toward a family-friendly environment is being greeted by cheers and ringing registers. On June 6 the nation’s largest retailer announced that it will be installing U-shaped blinders over four racy women’s magazines in its check-out aisles.

“For at least a year we’d been getting some feedback … from customers
who were uncomfortable with [the covers],” Wal-Mart spokesman Jay Allen told Reuters on Friday.

Wal-Mart announced that it will be installing specially
made, U-shaped magazine racks that will conceal the story tease lines on each side of the magazine, leaving the center and the magazine’s name viewable.

The magazines involved are Cosmopolitan, Redbook, Marie Claire and
Glamour. Those magazines will continue to be displayed in the store’s magazine section without any sort of cover.

Wal-Mart has been testing various blinders and ways to satisfy the
magazine’s readers while protecting children. The new magazine rack blinders should be in all Wal-Mart stores by July.

“We are very pleased that Wal-Mart has taken this step to protect our families,” said Robert H. Knight, director of the Culture and Family Institute, an affiliate of Concerned Women for America.

“This action, along with the discontinued sale of the racy men’s
magazines, and the retailer’s refusal to sell music with adult-rated lyrics, among other things, show’s Wal-Mart’s commitment to the family,” he added.

“We encourage families to be looking for these new blinders, and when
they see them to make sure they extend a thank-you to the store manager,” Knight said.

Arthur Ally, coalition leader and president of The Timothy Plan, a collection of pro-family mutual funds and, said he hopes that appreciative families will further reward the retail giant.

“I hope that customers will take the time to link their appreciation for
this action to their patronage of the retailer. Wal-Mart’s ‘language of love’ is the ringing of its registers. That 'thank-you,' linked to this action, will go a long way in the fight for decency both at Wal-Mart and among its competitors,” Ally told Culture & Family Report.

The Timothy Plan is also saying “thank-you” to the company by reversing its August decision to sell all of its shares of Wal-Mart stock. That move was made after repeated requests for the action went unheeded.

“As of today, Wal-Mart is off our screens,” Ally said. “Our fund managers now have a green light to buy Wal-Mart shares for our
family of mutual funds.”

Those customer complaints that led to this change were accompanied by united action from 10 pro-family groups, which sent a collection of letters to the retailer on May 30, 2003, asking for removal of the magazines from the check-out aisles. Each group stressed the action's goal was to protect families and children.

“A large percentage of your customer base does not appreciate having the kinds of sexually explicit (cover-page) headlines touted by these publications staring them (or their children or other family members) in the face as they wait to pay for their purchases,” wrote Robert Peters, president of Morality in Media, to Lee Scott, head of the Bentonville, Arkansas, retailer, which had $244.5 billion dollars in sales last year.

“We have heard from many, many people regarding how offensive they find such publications staring them and their children in the face as they make their family purchases at their local Wal-Marts,” wrote Concerned Women for America President Sandy Rios.

The letters were sent to Wal-Mart thanking them for its early May decision to stop selling three sexually suggestive men’s magazines, Maxim, FHM and Stuff.

“However, of greater concern than what magazines are available to willing customers is the question of what magazines are forced upon unwilling customers by being aggressively displayed in the check-out lanes of your stores,” wrote Family Research Council President Kenneth Connor.

Appeals Court Upholds Ban of Sale of Porn at Military Bases

Taken from SFGate.com (Article Date: September 13th, 2002):

A U.S. appeals court in San Francisco today upheld the federal Military Honor and Decency Act, which prohibits the sale or rental of sexually explicit magazines and videos on military bases.

The 9th U.S. Circuit Court of Appeals said the 1996 law does not violate the First Amendment right of free speech.

A three-judge panel said the law is reasonable because it seeks to
restrict the sale of materials "at odds with the military's image of honor,
professionalism and proper decorum.''

The court made its ruling in a lawsuit filed in federal court in San Jose in 1996 by three magazine distributors and three individuals.

The panel affirmed a 1999 ruling in which U.S. District Judge Jeremy Fogel of San Jose turned down the magazine distributors' bid for a preliminary injunction.

The law primarily affects post exchanges -- the military stores that are open only to present and former armed services families.

A Department of Defense agency called the Resale Activities Board of Review periodically evaluates materials sold and rented at the exchanges and decides which books, magazines, films and tapes should be banned because they are sexually explicit.

The appeals court said free-speech rights are somewhat restricted at a military exchange because an exchange is not a traditional public forum where free speech is exercised.

The panel said an exchange is not a public forum because the military controls the items stocked and limits public access to the stores.

The 9th Circuit court agreed with a similar ruling by the 2nd U.S. Circuit Court of Appeals in New York in 1997. Lawyers for the magazine distributors were not immediately available for comment today.

The Pentagon Takes Aim on Pornography

Taken from TFFKY.org (Article date: March 1999):

After a two-year court battle the Pentagon issued an historic directive last Sept. 21 to remove hard-core pornography from U.S. military bases worldwide, including Kentucky’s two bases at Fort Campbell and Fort Knox. The new policy is likely to have a massive effect as the military has been one of the nation’s largest outlets for hard-core pornography.

The sequence of events leading up to the action began in 1996 when Congress passed the Military Honor and Decency Act, banning the sale of sexually explicit material portraying nudity in “a lascivious way.” After a two-year court and appeal process, an eight-member panel was set up by the Department of Defense to decide precisely which materials pass the “lascivious” test.

Publications such as Penthouse and Hustler were found to fail the new guidelines and consequently have been banned from military base commissaries, while Playboy was allowed to remain. Altogether, the eight-member panel ordered 153 sexually explicit publications and videos to be removed from base shelves. Through this first assessment process only 14 items were permitted to remain, but the panel will continue to review material on an ongoing basis, thus making it possible for more to be dropped.

Hard-core pornography was permitted to stay in base stores for two years after the law was challenged by General Media Communications, the publisher of Penthouse magazine. General Media lost its final appeal when the U.S. Supreme Court rejected their arguments and let the ban stand.

“Its about time,” said Rep. Roscoe Bartlett, author of the Military Honor and Decency Act. “It’s sad that the military had to wait for an act of Congress and more than two years of litigation up to the Supreme Court before it could become a responsible employer and remove this garbage from Department of Defense store shelves.”

According to Fred Bluhm, Chief, Media Branch for the Army Air Force Exchange Service — the supplier of all commissary goods to the U.S. military, the removal of sexually explicit materials will cost base commissaries worldwide at least $10 million dollars per year in sales.

Kentucky’s two major military bases — Fort Campbell and Fort Knox, are home to nearly 50,000 family members who will notice a difference next time they shop at their base store. At Fort Campbell 90 different magazines and videos have been removed from the shelves. Not quite as many were removed from Fort Knox since it is a smaller base and sold fewer of the targeted materials.

Shoppers frequenting the base stores will now be able to navigate through a much more family-friendly atmosphere and peruse the shelves minus scores of sexually offensive material. “If you were to ask the average housewife and family member on base, most would say they welcome the action to remove sexually explicit material from base stores,” says Fort Campbell’s Public Affairs Officer, Lt. Col. Bill Buckner.

Some suggest that removal of the obscene material sends a strong message that the U.S. government is in the business of promoting more than just morale amongst the troops. “The army is values-based,” says Buckner. “It is about respect, honor, integrity, discipline, and courage.”

Video Game Comparison: AAFES vs. Wal-Mart

What we are asking of AAFES, with regards to our "Call to AAFES", is to follow the pro-family example of Wal-Mart - especially with M-rated video games (for 17 or older). FixAAFES.org commends AAFES for not selling A-rated video games (for adults), but we stress that the lack of a plan for M-rated games is unsatisfactory.

The following information about what Wal-Mart is doing to police up the video game industry was taken from ICCR.org. Wal-Mart is currently doing the following:

1. Wal-Mart forbids the selling of A-rated games. AAFES does also.

2. Wal-Mart has cash register prompts reminding cashiers that they must verify the age of a customer purchasing M-rated games. AAFES doesn't.

3. Wal-Mart formally trains its cashiers about video game ratings. AAFES doesn't.

4. Wal-Mart has empowered its stores to take disciplinary action. AAFES hasn't.

5. Wal-Mart displays signs with ESRB Ratings and Meanings. AAFES doesn't.

6. Wal-Mart has a policy that prohibits the selling of M-rated games to those under seventeen years of age. AAFES doesn't.

Wal-Mart gets 6 thumbs up. AAFES gets only 1 thumbs up and 5 thumbs down. Our Military and their children deserve better than that.

Positive Signs at the Commissary

Today at the Fort Riley Commissary, I was encouraged. When waiting in line to pay for my groceries, I noticed that there was a Men's Fitness magazine covered in the same manner that is pictured above. I was pleased that this particular check-out aisle was kid-friendly. This is a victory for Fort Riley's military families.

Curious, I asked the cashier why the magazine was covered. She stated, "some jealous woman complained about and it; so they covered it."

I simply smiled, checked out, loaded my groceries in the car, and walked back in to the Commissary. This time, I went to the customer service office and asked to speak to the manager. The manager wasn't on duty, but the assistant manager was. He came quickly to the front probably anticipating a complaint. I told him, "I have a compliment for your store, I want to let you know because I know compliments are rare."

I asked the assistant manager to follow me so that I could show him what I was pleased about. I then showed him the magazine that was covered and said that this was "...a good step in the right direction. This is what customers expect." The manager told me that he was simply responding to customer complaints. I told him that I appreciate what he did and that a good rule of thumb is - if ever in doubt, cover it up, because military parents deserve the right to determine what their children are exposed to."

Toward the end of our pleasant conversation, he told me that if his headquarters knew that he covered the magazine, they wouldn't be pleased. Surprised, I responded that if he receives retribution from his chain of command for covering this or any other magazine he should let me know because I would support him in front of his superiors. Motivated by my compliment, he said, "I know there are more magazines that aren't covered that should be; maybe I should look into that." Of course I agreed, but in the end I was simply encouraged by the current situation.

Additionally, I would like to comment on Men's Fitness Magazine. Usually, it isn't a bad magazine. However, if one issue is questionable, AAFES needs to err on the side of protecting children. This magazine is questionable because its cover states "10 sex tips". Also, it is objectionable because it has pictured a woman with her breasts bulging out of her swimsuit top. Swimsuit tops aren't bad. We all go to the beach. But adding sex to the equation makes the magazine inappropriate. Parents have a right to not have their kids exposed to this stuff. There should never be an "in-your-face" approach to selling periodicals. Selling questionable magazines in the check-out aisle is unacceptable.

In conclusion, the Commissary at Fort Riley, Kansas has set the standard for local managers. Although FixAAFES.org would like to still see Cosmopolitan and the like removed from the AAFES inventory, covering the magazines is a major step in the the right direction. We at FixAAFES.org hope that AAFES as a whole follows the example of this local leader and implements this policy world-wide.

Allow me to also note, some may argue that the current system works - when local managers receive complaints from customers they act. However, this positive sign at the Commissary has not, as far as I've seen, been the standard response of local mangagers. Many local managers have a nonchalant or sometimes confrontational attitude towards customers who don't agree with the way they are running their store. For this reason, a company-wide policy is essential.

AAFES Cut & Paste Standard Reply

Anytime one complains to AAFES regarding sexually explicit material, AAFES always sends the same standard reply. It never includes solutions nor does it include new courses of action to fix anything. Their response attempts to make one feel like part of some scarce minority. However, it is well know in the business community that customers who harbor a complaint rarely voice it. Research has indicated that there are several reasons for this. Often, customers are afraid their voice will not be heard, or they may simply want to avoid confrontation altogether. Therefore, when we do voice our concerns, AAFES must realize that every one complaint may in fact represent numerous others who share our views.

This cut-and-paste reply that many of us have received indicates that AAFES has heard these complaints before. It is time AAFES addresses our concerns instead of passing the buck like they attempt to do here:

AAFES thanks you for utilizing the Exchange Customer Comment Program to let us know that you have had a recent concern with sexually explicit headlines at our check-out lines.

First, let me start by saying AAFES is a "family" store and we go to great efforts to ensure our customers have a pleasant experience while shopping in our stores. In regard to magazine presentation, AAFES has a very clear policy about the location and presentation of "adult magazines" which the magazine industry classifies as Men ' s Sophisticates (e.g. Playboy). These magazines must have restrictive closures applied by the supplier to avoid random customer browsing, and are displayed on the top shelf/shelves of the self-service magazine display rack with only the title showing. An "adult reading material" panel will be used if the display fixture allows more than the title show.

Exchanges are to post a sign in the display area stating: WE SELL ADULT-ORIENTED MAGAZINES TO CUSTOMERS 18 YEARS OR OLDER. PLEASE DO NOT OPEN SEALED MAGAZINES. Managers are to check the magazine display racks regularly to make sure adult magazines aren ' t left where underage customers can reach them...and they check to ensure the restrictive closures are in place.

However, the magazines at our central-checkout do not fall in this category-they are classified as Women ' s General, Women ' s Fashions, Teen, House & Gardening, Weeklies, Tabloid, Social-Literary, etc. The criteria for the classification are based on the magazine content and not the cover. The magazine companies pay retailers, like AAFES, to display their magazines at their central checkouts.

Normally, the covers of these magazines are not bothersome to most of our customers. Nevertheless, we are aware that an occasional issue of a "non-adult magazine" can have an offensive cover, such as the recent issue of some magazines. The local general manager then has the option of placing a panel over the magazine to cover everything but the title until that issue is sold out. We encourage customers, like you, to notify the manager on duty if they are bothered by any of our central-checkout magazines so appropriate action can be taken.

The Military Honor and Decency Act of 1996 (Section 2489a, Title 10, United States Code) prohibits the sale or rental of sexually explicit materials on property under the jurisdiction of the Department of Defense (DoD).

At the direction of the Secretary of Defense, a Resale Activities Board of Review was established to review publications and other materials that might be viewed as sexually explicit. As a result of that review, a list of publications and other materials that may not be sold on property under the authority of DoD was published on 21 Sept 98, as was a list of publications that may be sold on property under DoD authority. The Commander of AAFES has instructed managers of all AAFES facilities to remove from sale all materials deemed sexually explicit by the Board of Review.

It is important to note that the Army and Air Force Exchange Service did not develop the list of approved publications. Those decisions were made at the Department of Defense, and our comment on them would be inappropriate. We suggest questions on these matters be directed to the Principal Deputy Under Secretary of Defense for Personnel and Readiness.

Porn A Growing Problem in Military (Family.org Article)

Taken from Family.org:

Porn A Growing Problem in Military
from staff reports

Chaplains report an increasing number of confessions from servicemen and women about addiction.

Pornography is causing a problem in the military, with chaplains overseas and at home reporting that an increasing number of servicemen and women are confessing to their pastors about porn's hold on them.

Father Mark Reilly, a Marine Corps chaplain, recently returned from a tour in Iraq where he heard continual confessions from soldiers addicted to porn.

"People will mail them stuff," he told Family News in Focus, "and the Internet is the biggest source of the spread of this addiction I would say."

The combination of war stress and being away from loved ones is a bad mixture for a porn addiction, he explained, adding that curbing the problem starts at home.

"I have trouble with the fact that you can step into the PX and buy pornography," Reilly said. "I don't think our Post Exchanges need to be in the business of peddling porn."

Congress enacted the Military Honor and Decency Act in 1996 to ban the sale of sexually explicit magazines and videos at military stores. Elaine Donnelly, president of the Center for Military Readiness, said the law isn't being enforced.

"When a military base makes available pornography, or condones it, or does nothing about it when it comes in through other areas," she said, "it sort of implies that it's OK with the leadership."

Donnelly said she wants porn in the PX revisited, and it should start with admitting there's a problem.

"Congress is going to have to take a look at this. Certainly the Pentagon is going to have to enforce those rules," she said. "It's a matter of good order and discipline and not just a matter of religion or free speech. It's a matter that the military itself needs to be concerned about."

In the meantime, the only help soldiers are finding is in the confessional and from their chaplains.

Unsolicited Sex Education

According to our "Call to AAFES" we ask AAFES to not position any offensive materials in areas where the customer is a "captive audience". In this article, I would like to elaborate on what we mean by this request.

We are talking mainly about the checkout aisle. In the AAFES checkout aisle, every customer gets an immediate sexual education class - whether they want one or not. Here is a list of what one might expect to read in the AAFES checkout aisle taken from the past two issues of Cosmopolitan:

“Sex vs. Skanky”
“30 Sex Boosters”
“Discover the Sex Fantasy That 68% of Men Have”
“Orgasms Unlimited”
“8 Places to Have Sex"

There are other magazines AAFES has in their checkout aisle that have similar titles. Children, who are authorized customers of AAFES, have to checkout through this same aisle that adults do. There are also adults who are principled who don't want to see those slogans either.

AAFES should immediatly stop selling these titles for the reasons above, but more importantly because these titles represent a stark contrast to the military culture of decency and military mission of winning hearts and minds while serving overseas.

Pornography a Problem in the Military (ABC News Article)

Taken from ABCNews.Go.com:

Combating the 'Problem of Pornography'
Divorce rates in the military have risen, especially in the Army, where the number of divorces nearly doubled from 2001 to 2004, according to the Center for Research on Military Organization at the University of Maryland.

Chaplain Randy Brandt, stationed in Schweinfurt, Germany, said the kits have helped combat the "problem of pornography."

"Even while we were in Iraq, the pervasion of this problem was evident — soldiers had porno CDs they could play on their personal DVDs, and they had sexually suggestive magazines "graciously" donated for the soldiers' entertainment," Brandt said. "The problem is an age-old one with the military: Soldiers are far away from home for a long time, sexual frustration sets in, and the visual stimuli become the easiest release."

But Brandt said the real problem starts when the soldiers return home.

"The soldiers come home, many are addicted to this type of sexual stimulation and either consciously or subconsciously they begin to compare their current relationship with the visual/Internet/virtual reality that they are used to and unfortunately, the real woman — wife or girlfriend — rarely can measure up," Brandt said.

1st Infantry Division General Order #1

When the First Infantry Division deployed to Iraq, the Commanding General, MG John Batiste, issued General Order #1. The purpose of this order is to "identify conduct that is prejudicial to good order and discipline while deployed in the Iraqi Theater of Operations."

One of the items identified as prohibited in this order is the use of pornography. Apparently, according to MG Batiste, pornography (to include sexually explicit images and words) affects "good order and discipline" in the ranks of the 1st ID while serving in Iraq. Below are the exact words dealing with sexually explicit items.

4. PROHIBITED ACTIVITIES:
c. Possession, transfer, sale, creation, or display of any pornographic or sexually explicit material.
5. DEFINITIONS:
d. Pornography: Any depiction (either by writing or picture) of erotic behavior intended to cause sexual excitement.

Now what does all this mean to AAFES? AAFES is to support the mission of the military. The military is not a career or job, it is a profession. Within this profession, there is a seperate standard - a seperate mission. AAFES' sole job is to support the men and women of the Armed Forces. According to this, their products should be in line with the military mission.

How can Soldiers, who train to fight wars, switch from buying pornography and sexually explicit materials at their local government store (AAFES) and then deploy and be expected to immediatly do away with it altogether? The bottom line is Service Members shouldn't have to. AAFES should be supportive, in-touch with the mission, and make the adjustment.

Explicit Lyrics - Wal-Mart Doesn't Sell Them

This is Wal-Mart's policy on the selling of CDs with explicit lyrics:

Wal-Mart will not stock music with parental guidance stickers. While Wal-Mart sets high standards, it would not be possible to eliminate every image, word or topic that an individual might find objectionable. And the goal is not to eliminate the need for parents to review the merchandise their children buy. The policy simply helps eliminate the most objectionable material from Wal-Mart's shelves.
(Taken from PBS.org)

If Wal-Mart has made this decision, I don't see why AAFES can't do the same. Not only has this protected children who are Wal-Mart customers, it has forced the music industry to make less-explicit music. This makes sense to me, and I think AAFES should follow suit as stated in our "A Call to AAFES".

A Victory

Image taken from defenselink.mil

My wife and I went to AAFES on a weekend in September and had asked the manager to cover the September issue of FHM that showed an almost nude woman with only ropes and panties covering her private parts. This magazine could easily be seen by children from the children's book aisle that is positioned directly in front of the magazine rack.

My wife approached the store manager about this problem. The store manager, when talking to my wife, became confrontational and argumentative. However, in the end, she agreed to fix the problem by placing that particular issue behind a blinder with the Playboys.

Later that week, my wife and I decided to meet for lunch at the AAFES food court. We then decided to check out the magazine aisle in order to verify if our request that weekend was still respected. It was not. That particular issue was displayed yet again with an "in-your-face" manner so that all passers-by would be forced to see it.

At this point, I got personally got involved and asked an AAFES employee if I could speak to the manager myself (as only my wife spoke to her last time). The employee told me that the store manager is currently escorting the AAFES regional manager throughout the store. I then asked him if I could speak to the regional manager, because he would probably be someone who could make more of an impact.

I approached the regional manager (who will remain anonymous) and told him the situation. We discussed many different topics ranging from the current magazine issue problem to the "Honor and Decency Act of 1996". He was very responsive and respectful about the problem mentioned above. Not only did he decide to fix the problem by covering that particular issue, but he decided to cover all the magazines that displayed provocative images. To this day, at the Fort Riley PX, all pornography, FHM, Stuff, and Maxim magazines are covered by blinders – a significant local victory.

This is a step in the right direction. This is a welcomed temporary fix at the Fort Riley PX, but it doesn't affect all of the other AAFES establishments on Fort Riley (e.g. Shoppettes) or any of the other AAFES locations worldwide. Nor is it a permanent fix because as soon as there is a new regional manager - that change can be undone. To put it metaphorically, the leaky pipe has tape on it, but we still need a new pipe. We need a permanent, legally binding change in the way AAFES approaches its product catalog and display. I sincerely appreciate this regional manager's willingness to make changes and encourage all AAFES executives to be more like him as we move forward.

AAFES Mission Statement

This is the AAFES mission statement that needs to be amended:

AAFES mission is to provide quality merchandise and services of necessity and convenience to authorized customers at competitively low prices; and generate reasonable earnings to supplement appropriated funds for the support of Army and Air Force Morale, Welfare, and Recreation Programs.
(Taken from AAFES.com)

So in a nutshell, according to their mission statement, this should be the logical break-down of AAFES' priorities:

1. Sell cheap products to the military & its families (authorized customers)
2. Make a profit (reasonable earnings)
3. Give that profit to MWR (which is supposed to support military families)

So, although it is implied that AAFES is supposed to support military families, according to this mission, it only does so with money. Families and children deserve safe, healthy, and friendly places to shop as well as cheap prices and the funding of social programs.

The AAFES mission statement needs to be amended to read something like:

AAFES mission is to provide quality merchandise and services of necessity and convenience to authorized customers at competitively low prices; and generate reasonable earnings to supplement appropriated funds for the support of Army and Air Force Morale, Welfare, and Recreation Programs; and ensure a decent and innocuous shopping experience for all authorized customers.

AAFES has done a lot of good with its money. However, profit and funding MWR are seen more as priorities than customer service or having a friendly shopping environment. Even if a tremendous amount of money is made from selling explicit material, that amount of money should never outweigh a duty to an organization's moral fiber, especially when the possible exploitation of children is involved.

Children are not the only ones who fall victim to these explicit slogans and images - military wives do to. They browse the cooking and household magazines only to find service members standing next to them reading Stuff and Maxim magazines. That makes women feel extremely uncomfortable knowing that a man is reading about sexual positions and looking at sexually seductive images right before they turn to them and say "hello" or "excuse me" as they walk by.

As stated in our "A Call to AAFES" we ask AAFES to please rewrite its Mission Statement to reflect a more family-friendly tone.

Censorship

Censorship is the control of speech or other human expression. The freedoms against censorship granted to Americans comes primarily from the First Amendment of the Constitution which states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

One could almost argue that asking AAFES to not sell pornography or CD's with explicit lyrics is censorship. However, that argument is logically invalid because the First Amendment states that we have the right to say what we want, but it doesn't guarantee us the ability to make a profit off of our speech. You can say what you want, but people don't have to be forced to listen to it or be forced to pay for it. That is why Wal-mart and Target don't sell pornography, because they choose not to.

Also, since AAFES is a government store, it could be argued that the government is censoring products. That just doesn't pass the common sense test. A store can't sell everything - even if it is a government store. It isn't going to sell books that teach us how to build bombs nor is it going to sell books that teach us how to break into government computer servers. AAFES "bans" those books from its product catalogs because they would threaten national security. A store can't sell everything, so by its very nature, even if it is run by the government, it must be selective in what it sells.

Another point. AAFES serves the military. The military doesn't fall under the First Amendment, those rights are actually taken away when you take your Oath of Enlistment or Commission. In fact, the military falls under a totally different judicial code called the Uniformed Code of Military Justice (UCMJ). In order to maintain good order and discipline, Congress and the President have powers within the Constitution to limit the speech of Service Members. Some laws in the UCMJ that limit free speech are Articles 88-90. They read as follows:

Article 88:
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

Article 89:
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

Article 90:
Any person subject to this chapter who—
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or
(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.”

Not only to these military laws limit free speech, but they give superiors the ability to tell service members what to do. That is definitely not freedom; it is essential for discipline, however.

So back to AAFES. AAFES serves the military who falls under UCMJ. If AAFES sells products that contradict the spirit of the military, it shouldn't sell them. And if the military commanders or the civilian command authority decides a product undermines discipline in the military, they have every right, under the law, to ban that product. This in no way is censorship, because books are still allowed to be printed, movies are still allowed to be made, and CD's are still allowed to be produced. These companies just aren't going to make a profit on the military who wish to maintain their Honor and Decency.

FixAAFES.org Seeking Endorsements

FixAAFES.org is seeking endorsements from family groups and any organization that shares our goals and values. If you are interested in partnering for this cause or endorsing FixAAFES.org please email me at administrator@fixaafes.org. If you would like to discuss this topic over the phone please leave your phone number in your email.

Chain of Command

In the traditions of the military, we have chosen to use the chain of command with these complaints. In this situation, the chain of command consists of the following:

1. AAFES
2. DOD
3. Congress and the President (and of course the Supreme Court)

We have a duty to use the chain of command because most commanders, when confronted with problems, simply fix them. AAFES will never get "fixed" if AAFES itself isn't given the chance to make the adjustments.

This is the new FixAAFES.org

My wife and I have revised this website to be more fluid. Thanks to all those who assisted us with the old website. We look forward to making progress in making AAFES more family friendly.