Cohen

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs seek a preliminary injunction which would bar defendants from enforcing 10 U.S.C § 2489a, a statute also known as “The Military Honor and Decency Act.” For the reasons set forth herein, plaintiffs’ motion will be denied.

I. BACKGROUND

The subject legislation (hereinafter, “the Act”) was enacted by Congress in 1996. Subsection (a) of the Act provides that “[t]he Secretary of Defense may not permit the sale or rental of sexually explicit material on property under the jurisdiction of the Department of Defense.” Subsection (b) provides that “[a] member of the armed forces or a civilian officer or employee of.the Department of Defense acting in an official capacity may not provide for sale, remuneration, or rental sexually explicit material to another person.” Subsection (c) directs the Secretary of Defense to develop regulations to implement the Act. Finally, subsection (d) defines the terms “sexually explicit material” and “property under the jurisdiction of the Department of Defense.”

Before the Act took effect, the publisher of Penthouse magazine and other periodicals, as well as several trade associations representing…