Nude Mags Shut Out of PX

The latest issue of Penthouse won't be coming to a military base near you anytime soon. The U.S. Supreme Court declined to hear an appeal from the publisher of the magazine, letting stand a ruling that allows the government to ban the sale of the magazine from PXs everywhere.\n The Military Honor and Decency Act, which applies to military bases, outlaws the sale or rental of magazines and videos that show nudity "in a lascivious way." General Media Communications, publishers of Penthouse and other magazines affected by the law, won a temporary victory when a federal judge in New York said the act was unconstitutional. Judge Shira A. Scheindlin said, "Society is better served by protecting our cherished right to free speech, even at the cost of tolerating speech that is outrageous, offensive and demeaning."\n The judge's decision, however, was reversed on appeal to the 2nd U.S. Circuit Court of Appeals, which decided the case in November. The appeals court said the ban is reasonable because it promotes military honor, professionalism and military core values. Lawyers for General Media Communications then tried to take the case to the U.S. Supreme Court.\n The Justice Department argued that a military store is not a public forum and that the government has a right to assert its own values by deciding what to sell at its own stores.\n General Media lawyers said the same law could also restrict information about race, abortion or AIDS. As a result of the U.S. Supreme Court's decision not to hear the case, there will be massive restrictions on the First Amendment rights of military personnel, the lawyers said.