Legal Opinion
Thorne v. United States Department of Defense
District Court, E.D. Virginia
Decided November 20, 1996No. Civil Action 95-369-APublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
Plaintiff in this action attacks the Department of Defense’s (“DoD”) controversial “Don’t Ask, Don’t Teh” Plan (the “Plan”) as violative of the First Amendment. It is not the “Don’t Ask” but the “Don’t Tell” portion of the Plan that is the target of plaintiffs constitutional challenge. In brief, plaintiff contends that the Plan, on its face and as applied, punishes speech as opposed to conduct.
In a Memorandum Opinion dated March 4, 1996, the Court focused on plaintiffs facial challenge and followed an analytical path that, distilled to its essence, may…
2Cases cited11 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Goldman v. WeinbergerSupreme Court of the United States · 1986
- Brown v. GlinesSupreme Court of the United States · 1980
- Janklow v. Planned ParenthoodSupreme Court of the United States · 1996
- Florida League of Professional Lobbyists, Inc. v. William N. Meggs, as State Attorney for the Second Judicial Circuit of FloridaCourt of Appeals for the Second Circuit · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. BeckfordDistrict Court, E.D. Virginia · 1997