Conduct Unbecoming: Gays and Lesbians in the US Military

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Conduct Unbecoming: Lesbians and Gays in the US Military from Vietnam to the Persian Gulf War was a non-fiction book by Randy Shilts (And the Band Played On), published shortly before his death in 1994.

In 1994, Clinton Fein'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 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 to threaten a First Amendment 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 Ed Graves had been discharged from the Navy a few years later for being 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.