European Stars And Stripes (Newspaper) - February 25, 1988, Darmstadt, Hesse                                Page 24 the stars and stripes thursday february 25,19b8 Falwell loses court award Washington a the supreme court wednesday overturned a $200,000 award won by evangelist Jerry Falwell against Hustler mag Amine and ils publisher Larry Flint extending the Legal protections for parody and satire. The court unanimously ruled thai even porno graphic spoofs about a Public figure enjoy the Fate speech protections of the Constitution s first amendment if those spoof could not reasonably have been interpreted o staling actual facts Aboul the  justices stripped Falwell of theaward he had won for emotional distress caused by an Adver Tising parody in Hustler. See other supreme Coort outrageous Ness in the area of political and so Cial discourse has an inherent subjective Ness Abouli which would allow a jury to impose liability on the basis of the jurors tastes or views or perhaps on the basis of their dislike of a particular express Ion chief Justice William h. Rehnquist wrote for in court. An outrageous Standard thus rum afoul of our longstanding refusal to allow damages to be awarded because the speech in question May have an Adverse emotional Impact on the audience he said. Falwell s lawsuit arose out of a full Page and parody that appeared in the november 1983 and March 1984 issues of Hustler a serially explicit  a photograph of Falwell the and purportedly quotes his discussing a sexual encounter Wilh his Mother and describing himself As a habitual  inc to idiom of the Page in Small print readers Are Lold that the and is a parody not to be taken  charged Husi Mcrand Flyn with libel inva Sion of privacy and intentional infliction of emotion Al distress h i asked for us million in damages. In late 19s4, a Federal jury in Roanoke va., ruled thai the and did not libel Falwell and the presiding judge threw out the invasion of privacy allegation. Bui inc jury ruled for Falwell on his emotion Al distress allegation and awarded him s20q.ooo. The 4th . Circuit court of appeals upheld inc award but wednesday s decision threw in , a Baptist minister and founder of the moral majority organization said he had suede Lynn and his Magazine to protect his Lute Mother s reputation."1 can t imagine any red blooded male m the world not being incensed he told reporters when attending supreme court arguments in the Case last december. Flynt who also attended the december argument session had voiced concern Aboul his Fate before the High  wednesday s decision he court noted that graphic depictions and satirical cartoons have played a prominent role in Public and political de  it discounted Falwell s Contention that the Hustler parody was so outrageous that in should be distinguished from More traditional political car  court s Vole was 8-0. Justice Anthony m Kennedy who joined the court last thursday did not participate m the decision. Army s Early out programs for officers to be initiated Heidelberg is the array will begin voluntary and involuntary Early out for officers and selective Early retirements Tor lieutenant colonels and colonels to meet congressionally mandated end strength limits. The voluntary release is open 10 All officers regard less of rank. Each request will be decided on a Casc by Case basis officials said wednesday. The army May waive up to a year of a Long overseas Lour or of a service obligation incurred As a result of military schooling. Officers commissioned through a service Academy. Roth or officer candidate school May have up to a year of their obligation waived in Exchange Tor 12 months in the National guard or re serve the involuntary program for other than regular army officers will affect first lieutenants who Are passed Over for the second Lime by the March promo Tion Board. Those officers will be separated involuntarily earlier than under previous policy. Retirement boards will Convene in May to select colonels and lieutenant colonel for Early retire ment. The Board will consider colonels with a Dale of rank Between feb. 7, 1980, and nov. I 1982,who Are not on the brigadier general promotion list. Lieutenant colonels with a Dale or rank Between sept 9, 1979, and july 7, 19bi, and who Are not on the colonel promotion list will also be considered for Early retirement. Officials said tones of consideration were established to exclude As much As possible officers with mandatory retirement Dale before june 1, 1989. A judge advocate general selective Early retirement Board Tor colonel will consider colonels in that career Field with a Dale of rank Between oct. 9, 1973, and dec. I 1983, who Are not on a promotion bet the total army personnel Agency has set up a hot line to provide Quick response to questions. The num Ber is Alovon 221-092s, commercial 202-j25-0928, wins from Page 1 result was somewhat anticipated you can t go every  he added we be done Well Oul there. We be won in Michigan and in  tuesday night Dukakis said after splitting the two upper midwestern contests with Gephardt this is a Marathon. It s going to be a Long one the Massachusetts governor won in Minnesota on tuesday and dealt Simon a crushing defeat. Gephardt was the Winner in South Dakota with Dukakis a respectable second. Dole won both slates going away Wilh Bush far far behind. In Minnesota the vice president finished fourth behind Robertson and rep. Jack Kemp in South Dakota with Dole winning All 18 of inc delegates Al slake Bush was narrowly edged for second place by Row non. The former television evangelist said wednesday in Atlanta this helps me enormously As i go into the super tuesday  he added i believe that com ing out of super tuesday 1 will be the acknowledge front runner of the Republican party with  wasting no time before heading for the next Battle ground. Dole was flying to South Carolina for four Quick Campaign appearances. It was up one week and Down the next m the gop race. After Dole s Strong Iowa showing. Bush bounced Back to win inc new Hampshire primary a week ago. This was Dole s week again but now the scene shifts tothe South where Bush is regarded at the front Ninnor. Gephardt and Dukakis were Quick 10 Hail their Victo . Was a great Victory thai we have had in South Dakota said the Missouri congressman. Dukakis who finished second in South Dakota said i think it s very Good news for us because we be finished Strong in every one of these  also Able to claim a measure of Victory was demo crat Jesse Jackson who was leading Simon for second place in Minnesota. One Lime democratic front runner Gary Hart also had a thumbs Down for his lonely Campaign to let the people  Hart got s percent of the Vole in South Dakota and 1 percent in Minnesota. Sen. Albert Gore or. Of Tennessee described his third place finish in South Dakota As a pleasant sur prise although he worked hard in the late and got just 8 percent of the  returns from All but one of South Dakota s 1,151 precincts Dole had 51,529 or 5s percent of the vol compared to 13,275 or just under 20 percent for Robertson and 17,416 or 19 percent for Bush. Kemp trailed with 5 percent. Italy from Page 1 slate department official said of the Pentagon remark. It could be nato that will pay perhaps the italians would pay. In looks like it will probably be nato. The . Congress said we will not pay for it Allied Money is necessary to pay for the move be cause Congress late last year angry Over Spain s threats to kick Oul the Al 61 from Torrejon a passed a Law stating hat . Funds cannot be uses for construction associated with a move of the 40 lit unit even if a formal agreement Wilh Italy is reached and the Money problems arc taken care of. However. . Defense officials Jay picking which air base to relocate to will not be simple. At air bases like Aviano an Comiso for example determinations would Nye to be made on whether More runways must be Bali and whether maintenance facilities housing and Bachelor officer quarters arc adequate. We have three years to do this All in so there s time the defense department spokesman said. The Pentagon and the stale department said bilateral discussions with other allies regarding a new Home for the 401 St Are continuing. We know that the consultations on the debasing of the 401st after its departure from Spain Are ongoing Are being undertaken with other allies the state department official said. Defector from fags 1 Bers Kuby and military defense Allor Ney Cape. William Cade chose to have the Case heard Only by col. Earl Pauley inc presiding judge Raiher than by a jury of at least five officers and Enlil cd personnel a move that cd curly Laughl Cape. Daniel Shaver. The prosecuting attorney off Guan. Kuby said later that he fell one person would be less Likely to be influenced by Anli soviet  he said Many military people Don t see Roberts As someone to be proven in Nocent or guilty but simply someone to be punished. The question of Wade Roberts patriotism stemming from the fact he went to the soviet Union is not enough of a basis for this Caw Kuby said. Shaver disagreed. Unlike civilians Roberts look an oath to uphold and defend the Constitution of the United slates and to Bear True Faith and allegiance to the same he said. Thus patriotism is a legitimate Fader to consider in a cose like  Pausy tided Wilh Shaver on inc Issue saying inc ultimate destination of a de Serter is relevant the fact thai he went to the soviet Union is a Factor Uio ugh not an overriding one Pauley Saidt in any event there is clearly evidence to charge the accused with desertion. In Many cases the by is selective As to who will be prosecuted. It s Only when thai selectivity is vicious or wrongful thai sanctions would be required. That s not the Situa Tion  code then filed a motion to dismiss the Case because he claimed the govern ment reneged on a Promise of an administrative discharge during negotiations for a pretrial agreement. We contend thai the government negotiated in bad Faith Cade said. We were Given reasonable assurances by the Chain of command at fort Dix thai chapter 10 administrative discharge would be  maj. Gen Rocco Negrito commander of fort Dix and convening authority in this Caw denied the chapter 10 request. Pauley denied Cade s motion for Dis Missal with no comment Roberts made no Sale meals during the first session of the court martial. Roberts disappeared from nil unit in Giessen West Germany March 1987 and turned up in Moscow one month Laler with i pregnant German girl Friend. Clra Neumann. He was the firs us. Soldier to defect to the soviet Union since the Vietnam War. But he returned in november to Frankfurt where he was arrested by Mili tary police after tiring of the Job he was Given by the soviet draining poisonous venom from snakes on a firm in the arid turkmen an Republic North of Iran. He also said be though Neumann who was eight months pregnant Al the Lime of the couple s return could gel better medi Cal care in the West. Neumann has since Given birth with no