Pentagon to remove sexually explicit material

WASHINGTON (AP) -- The Pentagon is clearing the shelves in its commissaries and other military stores around the world of adult publications it deems sexually explicit, including Penthouse, Hustler and Playgirl magazines. But Playboy will remain on sale.

The Pentagon on Wednesday issued a list of 153 publications that will be removed from shelves -- and 14 that it reviewed and decided to allow -- under a 1996 law it is enforcing for the first time.

The Military Honor and Decency Act of 1996 forbids sale or rental on military property of magazines or videos that portray nudity ``in a lascivious way.'' Service members still can possess nonobscene material on military bases by buying it off-base or through the mail.

The Defense Department set up an eight-member panel to determine which of the sexually oriented material it reviewed fit the ``lascivious'' test.

Rep. Roscoe Bartlett, R-Md., author of the legislation, said ``it's about time'' that the Pentagon began heeding the law.

``It's sad that the military had to wait for an act of Congress and more than two years of litigation up to the Supreme Court before it could become a responsible employer and remove this garbage from DOD store shelves,'' Bartlett said.

The Supreme Court last June 26 let the ban stand, rejecting a free-speech appeal.

The court, without comment, turned away arguments by Penthouse's publisher that the ban wrongly discriminates against magazines that ``deal with sexuality as healthy and enjoyable.''

The federal law was challenged by General Media Communications, which publishes Penthouse, and other groups that produce and sell magazines and videos.

A federal judge in New York City had struck down the ban as unconstitutional in January 1997. But the 2nd U.S. Circuit Court of Appeals reversed the judge's ruling last November and upheld the law.

``The fact of the matter is, DOD is complying with the law,'' said Army Lt. Col. Tom Begines, a Pentagon spokesman. He said it would take ``at least several working days'' for the offending material to be off all store shelves on military bases.

The Pentagon's Resale Board of Review will now turn much of its attention to videos, he said. In addition to the 153 publications it banned was one video, ``Playboy's Story of X.''

A regulation issued Wednesday by the Pentagon also sets up a procedure under which customers at military stores can request that additional material be reviewed by the panel.

The Family Research Council, a conservative Washington-based group, welcomed the Pentagon's announcement but added, ``It's a sad commentary on our times that the Pentagon 'leadership' didn't remove this material from military stores immediately after the law passed.''

Robert Maginnis, a retired lieutenant colonel who works with the council, said military men and women should also call for the removal of publications like Playboy which the Pentagon deemed to be ``not sexually explicit.''

One service member who requested to remain anonymous, said ``I think this is curtailing my right to associate. At least I have the Internet.''

Among other publications allowed to remain on sale: Celebrity Skin, Pre-Teen Love, Easyriders, Perfect 10 and Tattoo.

Among those banned: Dude, Fiesta, Fox, Gallery, Genesis, Gent, Nugget, Oriental Women, Swank, Taboo, Chris DePasquale's Girl of the Month, and Velvet.