Today in the D.C. Circuit, Hustler publisher and pro-media advocate Larry Flynt lost a battle over an alleged First Amendment right for the media to embed reporters with U.S. military forces in combat.

In Larry Flynt v. Donald Rumsfeld, Flynt sought media access to "Operation Enduring Freedom," which mainly consisted of special operation ground combat missions in Afghanistan in 2001. The Defense Department denied several requests from the adult magazine, however, it did provide Hustler an opportunity to cover the air strikes, witness the humanitarian aid drops, and interview soldiers. Flynt said, "See you in court,"* and promptly filed suit.

The D.C. Circuit held that there is no such constitutional right of embedded military access for the press. It also held that Department of Defense Directive 5122.5, which facilitates broad media coverage with a few restrictions, was not applied to Flynt or Hustler magazine in any unconstitutional manner.

For a brief history of war correspondents, see my FindLaw article.

* Larry didn't really say this, but his actions implied such a statement.