Sale of Adult Reading Material

As an instrumentality of the Federal government, Exchange must uphold the constitutional rights of free speech while being sensitive to the desires of our customers. Sometimes customers question the sale of what they call “obscene” magazines in exchanges. This issue has now been addressed by Congress.

Effective Sept. 21, 1998, Exchange was issued guidance to implement the Military Honor and Decency Act of 1986 (Section 2489a. Title 10, United States Code). This act prohibits the sale or rental of sexually-explicit materials on property under the jurisdiction of the Department of Defense. As directed by the Assistant Secretary of Defense, by a memorandum dated Sept. 21, 1998, Exchange was to implement decisions made by the Resale Activities Board of Review. The board periodically reviews adult-sophisticate titles and determines which are sexually explicit and may not be sold in exchanges, as well as those that may be sold. A list of approved and non-approved titles is passed to Exchange HQ for distribution to store management.

Authorized adult-oriented magazines are placed on the top shelf of the magazine rack with only the title showing. These magazines must have closures such as shrink wrap, bags, or tabs to restrict access to them. In addition, these magazines will be sold only to customers at least 18 years old or as stipulated by states or local law where the military installation is located.