Justices Won’t Hear Flynt’s 1st Amendment Challenge

WASHINGTON — The U.S. Supreme Court won’t hear a case from Hustler Magazine’s Larry Flynt, who challenged a federal appeals court ruling earlier this year that the First Amendment does not apply to the battlefield.

Justices last week rejected an appeal by Flynt, a staunch free-speech advocate, on the question whether news media have a constitutional right of access to military troops in combat.

Flynt and Beverly Hills, Calif.-based LFP Inc. filed suit against the Defense Department after officials declined his request to have reporters accompany the first wave of U.S. troops sent to Afghanistan shortly after the Sept. 11, 2001, terrorist attacks.

Flynt asked that Hustler correspondents ‘‘be allowed free access to the theater of U.S. military operations in Afghanistan and other countries where hostilities may be occurring as part of Operation Enduring Freedom.’’

Defense officials then said only a small number of troops were in Afghanistan and that "the highly dangerous and unique nature of their work make it very difficult to embed media."

In the meantime, Hustler reporter David Buchbinder arrived at Bagram Air Force Base by May 2002. Once in Afghanistan, Buchbinder placed himself on a list of reporters awaiting access to ground units.

After receiving word of the denial, Flynt filed suit the next day requesting preliminary and permanent injunctive relief.

Flynt specifically challenged the agency’s Directive 5122.5 for media access on the grounds that enforcement of the agency’s policies violated his historical and constitutional rights of access to the battlefield and that it amounted to a content-based prior restraint that deprived him of his First Amendment rights. Flynt also said the agency’s denial of his request was arbitrary and capricious and made without reference to specific and objective standards.

Government lawyers argued that a First Amendment right of access does not extend to "government property or information that is not open to the public."

After a hearing on Flynt’s motion for a preliminary injunction, the district court denied the motion, stating that it was ‘‘persuaded that in an appropriate case there could be a substantial likelihood of demonstrating that under the First Amendment the press is guaranteed a right to gather and report news’’ about U.S. military operations, subject to reasonable regulations.

That being said, the district court determined that Flynt’s likelihood of success on the merits was ‘‘far from clear,’’ and that because of the quickly evolving factual situation any judicial decisions would ‘‘have to await the development of a fuller record.’’

In February, the U.S. Court of Appeals for the District of Columbia Circuit sided with Pentagon officials, concluding there "is nothing we have found in the Constitution, American history, or our case law to support" the claim that reporters have that constitutional right.

Last week, without comment, U.S. Justices denied his appeal.

The case is Flynt vs. Rumsfeld, 04-33.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

Show More