60 (quoting Linyear ); see also Hullett, 40 M.J. at 191 (indicating the French test is the test); but see F.C.C. v. Pacifica Foundation, 438 U.S. at 739-41 & n. 14, 98 S.Ct. at 3035-36 & n. 14 (1978) (defining "indecent” as “nonconformance with excepted standards of morality”). French and other cases have also equated “indecent" with "obscene.” See Moore, 38 M.J. at 492; French, 31 M.J. at 59; United States v. Hudson, 39 M.J. 958 (N.M.C.M.R.1994); see Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973) (defining obscenity for First Amendment purposes). Even the non-binding "Drafters’ Analysis" to the Manual for Courts-Martial states "indecent” and "obscene” are synonymous. MCM, app. 21, A21-102, ¶ 89; MCM, Part I, ¶ 4 discussion; but see Pacifica Foundation, supra (<HOLDING>). However, we do not view these elaborations or
holding that under fraser there is no first amendment protection for lewd vulgar indecent and plainly offensive speech in school holding that first amendment protections apply to compelled speech as well as restrictions on speech holding a regulation is contentneutral as long as it is justified without reference to the content of the regulated speech recognizing obscene and indecent have different meanings and indecent speech may be regulated under some circumstances without transgressing the first amendment holding that university violated first amendment by expelling student for printing indecent newspaper despite student code prohibiting indecent conduct or speech