Wayne M. Allen v. A. J. Monger, George T. Moses v. S. R. Foley, Jr.

The government appeals a decree enjoining enforcement by the Navy of regulations restricting sailors in the circulation of petitions addressed to members of Congress. We affirm.

In the spring of 1973 some crew members on two aircraft carriers stationed in Alame-da, California, prepared petitions to various members of Congress, objecting to planned movements of their ships. Certain enlisted men of the U.S.S. Hancock objected to an other West Pacific cruise. Some crew members of the U.S.S. Midway opposed its intended homeporting in Japan.

The Hancock protesters had their petition printed off the base, and requested Captain (now Admiral) Monger, the Hancock’s commanding officer, to authorize its distribution. Captain Monger denied permission, citing U.S.S. Hancock Instruction 1620.4A, which was based on Naval Instruction 1620.1. These instructions require pri- or approval for the distribution of printed materials. The commander may deny permission if the materials present “a clear danger to the loyalty, discipline, or morale of military personnel” or if the distribution “would materially interfere with the accomplishment of a military mission.” Captain Monger said that circulating…