In July of 1996, the Appeals Court rejected Nickerson's reasoning, saying that it avoided making the necessary decisions,  and ruled that the Nickerson Court must decide if Don't Ask, Don't Tell is constitutional.  Note in the United States Appeals court Opinion below that the court is concerned that the Don't Ask, Don't Tell policy violates Freedom of Speech.

Both the Supreme Court and this court have held that even minimal impairments on this right create irreparable injury. Elrod v. Burns, 427 U.S. 347, 373 (1976) ("The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury."); Paulsen v. County of Nassau, 925 F.2d 65, 68 (2d Cir. 1991) (same).

This plaintiffs in this case include Jane Able, Robert Heigle, Kenneth Osborn, Steven Spencer Richard von Wohld and Werner Zehr.

  • American Civil Liberties News Report
  • CNN Report
  • United States District Report