Legal Opinion

General Media Communications, Inc. v. Cohen

Court of Appeals for the Second Circuit

Decided November 21, 1997No. 1853, Docket 97-6029PublishedCited by 39 opinions

1Opinion of the Court

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 the Military Honor and Decency Act of 1996, 10 U.S.C. § 2489a (the “Act”), after concluding that it violates the Free Speech Clause of the First Amendment2 and the Due…

2Cases cited45 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Roth v. United StatesSupreme Court of the United States · 1957

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3Cited by39 opinions

  1. New York Magazine, a Division of Primedia Magazines, Inc. v. The Metropolitan Transportation Authority and the City of New YorkCourt of Appeals for the Second Circuit · 1998
  2. Joseph Amatel v. Janet Reno, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1998
  3. Children of the Rosary v. City of PhoenixCourt of Appeals for the Ninth Circuit · 1998
  4. Rodriguez v. City Of New YorkCourt of Appeals for the Second Circuit · 1999
  5. University & Community College System v. Nevadans for Sound GovernmentNevada Supreme Court · 2004

34 more not listed; retrieve them via the Exa API.

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