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.