Conduct Unbecoming: Gays and Lesbians in the US Military
Encyclopedia
Conduct Unbecoming: Lesbians and Gays in the US Military from Vietnam to the Persian Gulf War was a non-fiction book by Randy Shilts
Randy Shilts
Randy Shilts was a pioneering gay American journalist and author. He worked as a freelance reporter for both The Advocate and the San Francisco Chronicle, as well as for San Francisco Bay Area television stations....

 (And the Band Played On
And the Band Played On
And the Band Played On: Politics, People, and the AIDS Epidemic is a nonfiction book written by San Francisco Chronicle journalist Randy Shilts, published in 1987...

), published in 1993 shortly before Shilts' 1994 death.

The book traces the participation of gay and lesbian personnel from the Revolutionary War to the late 20th century.

In 1994, Clinton Fein
Clinton Fein
Clinton Fein is an artist, writer and activist, noted for his company Apollomedias controversial website Annoy.com and its Supreme Court victory against Janet Reno, United States Attorney General, regarding the constitutionality of the Communications Decency Act in 1997.This victory, a landmark...

's ApolloMedia, with the blessing of Shilts, purchased the electronic rights from St. Martin's Press, and in January 1995 released Conduct Unbecoming, the first ever CD-ROM
CD-ROM
A CD-ROM is a pre-pressed compact disc that contains data accessible to, but not writable by, a computer for data storage and music playback. The 1985 “Yellow Book” standard developed by Sony and Philips adapted the format to hold any form of binary data....

 to tackle social issues by providing technological tools. Conduct Unbecoming pioneered digital activism through its 'e-post' feature - the first ever technology allowing the user to communicate with their elected representatives electronically.

The controversial subject matter dealing with gays in the United States military provoked the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...

 to threaten a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

lawsuit—the first time a court would be required to determine whether First Amendment protections afforded to traditional media applied to electronic publishing as well.

Days before the release of Conduct Unbecoming, the Navy attempted to bar the use of a 1972 recruiting poster featuring the first African American used in a recruiting campaign. Servicemember Boyd Ed Graves had been honorably discharged from the Navy in 1977 after allegations of fraternization disclosed he was gay. ApolloMedia refused to pull the image.

Following high profile press attention ApolloMedia announced its intent to defy, the Navy obliged and withdrew their initial threats.

ApolloMedia, represented by Michael Traynor at Cooley Godward, effectively established the de facto acknowledgement that First Amendment protections must be extended to CD-ROM publishers.
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