United States v. Cendejas

I respectfully dissent because the majority: (1) perpetuates this Court’s rejection of federal practice in applying Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002); (2) without articulation of any military necessity or dis*341tinction, suggests that servieemembers accused of child pornography offenses have First Amendment and trial rights paramount to those extended by the federal circuits to similarly situated civilian defendants under the same statute; and (3) conducts no balancing or other analysis before issuing an opinion that implicitly promotes…