Notice of Supplemental Authority — DV Diamond Club (E.D. Mich.)

Summary

Defendants' Notice of Supplemental Authority in DV Diamond Club of Flint, LLC v. U.S. Small Business Administration, No. 4:20-cv-10899-MFL-DRG, in the U.S. District Court for the Eastern District of Michigan, filed May 1, 2020 as ECF No. 35. At the court's invitation during oral argument on ECF No. 12, the defendants cite Gen. Media Commc'ns, Inc. v. Cohen, 131 F.3d 273 (2d Cir. 1997) and PMG Intern. Div. L.L.C. v. Rumsfeld, 303 F.3d 1163 (9th Cir. 2002). The notice states that General Media rejected claims that the Military Honor and Decency Act was viewpoint-based and vague, and that PMG rejected a claim of viewpoint discrimination against the Act. It argues General Media also supports finding section 120.110(p) not unconstitutionally vague. A footnote says the SBA construes "prurient" in 13 C.F.R. § 120.110(p) to mean arousing lascivious or lustful desire.

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