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THORNE v. U.S. DEPT. OF DEFENSE

Civil Action No. 95-369-A.

945 F.Supp. 924 (1996)

Tracy THORNE, Plaintiff, v. UNITED STATES DEPARTMENT OF DEFENSE, et. al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

November 20, 1996.

Attorney(s) appearing for the Case

Mark A. Behrens, Crowell and Moring, Washington, DC, for Plaintiff.

Sylvia T. Kaser, Department of Justice, Civil Branch, Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff in this action attacks the Department of Defense's ("DoD") controversial "Don't Ask, Don't Tell" Plan (the "Plan") as violative of the First Amendment. It is not the "Don't Ask" but the "Don't Tell" portion of the Plan that is the target of plaintiff's constitutional challenge. In brief, plaintiff contends that the Plan, on its face and as applied, punishes speech as opposed to conduct.

In a Memorandum...

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