No. 1853, Docket 97-6029.

131 F.3d 273 (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.; Video Software Dealer Association, Plaintiffs-Appellees, v. William S. COHEN, in his official capacity as Secretary of Defense; Department of Defense, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 21, 1997.

Attorney(s) appearing for the Case

Daniel S. Alter, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Marla Alhadeff, Steven M. Haber, Assistant United States Attorneys, on the brief), for Defendants-Appellants.

Michael A. Bamberger, Sonnenschein Nath & Rosenthal, New York City (Helen B. Kim, Frederick S. Young, Rachelle Barstow, Gregory Y. Porter, on the brief), for Plaintiffs-Appellees.

Melissa Wells-Petry, Washington, DC, for amicus curiae Family Research Council Military Readiness Project in support of Defendants-Appellants.

Jenner & Block, Washington, DC (Ann M. Kappler, Jodie L. Kelley, Gregory P. Magarian, Jenner & Block, Washington, DC; Burton Joseph, Barsy, Joseph & Lichtenstein, Chicago, IL; James Cregan, Magazine Publishers of America, Inc., Washington, DC, on the brief), for amici curiae Playboy Enterprises, Inc. and Magazine Publishers of America in support of Plaintiffs-Appellees.

Cathy Crosson, Bloomington, IN, for amicus curiae Feminists for Free Expression in support of Plaintiffs-Appellees.

Before: WINTER, Chief Judge, and CABRANES and PARKER, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal, we address whether Congress exceeded its constitutional authority in banning the sale or rental of "sexually explicit materials" by military personnel acting in an official capacity, including the sale or rental of such materials by "military exchanges."1 The United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge) enjoined enforcement of...


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