GENERAL MEDIA COMMUNICATIONS, INC. v. PERRY

No. 96 Civ. 7525 (SAS).

952 F.Supp. 1072 (1997)

GENERAL MEDIA COMMUNICATIONS, INC., International Periodical Distributors Association, National Association of Recording Merchandisers, Periodical and Book Association of America, Inc., Recording Industry Association of America, Inc., and Video Software Dealer Association, Plaintiffs, v. William J. PERRY, in his official capacity as the Secretary of Defense, and the Department of Defense, Defendants.

United States District Court, S.D. New York.

February 20, 1997.


Attorney(s) appearing for the Case

Michael Bamberger, Helen Kim, Sonnenschein Nath & Rosenthal, New York City, for Plaintiffs.

Daniel Alter, Assistant U.S. Attorney, U.S. Attorney's Office, New York City, for U.S.

Jodie L. Kelley, Jenner & Block, Washington, DC, Amici Curiae.


AMENDED OPINION AND ORDER

SCHEINDLIN, District Judge:

Plaintiffs bring this action to obtain an Order from this Court declaring the Military Honor and Decency Act of 1996, 10 U.S.C. § 2489a (the "Act"), unconstitutional and enjoining defendants from enforcing its terms. For the reasons set forth below, I find the Act violates the First and Fifth Amendments. Accordingly, plaintiffs' request for injunctive relief is granted.

I. INTRODUCTION...

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