The Supreme Court declined Tuesday to decide whether the Pentagon is constitutionally obligated to give news media access to U.S. troops during combat.
The court, without comment, rejected the appeal by Larry Flynt, the self-described smut peddler who publishes Hustler magazine. He was challenging a lower ruling earlier this year that the First Amendment does not shield journalists from government interference in gathering news from the battlefield.
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.
The case is Flynt v. Rumsfeld, 04-33.
http://ap.tbo.com/ap/breaking/MGBQY8A580E.html