Is the Solomon Amendment Which Denies Federal Funds to Universities That Restrict Military Recruiters on Campus, Constitutional? Con.

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  • Source:
    Supreme Court Debates. Feb2006, Vol. 9 Issue 2, p41-57. 9p.
  • Additional Information
    • Subject Terms:
      CONSTITUTIONAL law; RECRUITING & enlistment (Armed Forces); APPELLATE procedure; LAW schools; ACADEMIC freedom; FREEDOM of speech; UNITED States. Supreme Court
    • Subject Terms:
      UNITED StatesReport Available
    • Abstract:
      The Forum for Academic and Institutional Rights (FAIR) is an organization of more than 30 law schools established to support academic freedom. In September 2003, FAIR joined the Society of American Law Teachers, the Coalition for Equality, the Rutgers Gay and Lesbian Caucus, and several students and law professors in challenging the constitutionality of the Solomon Amendment, a Federal law denying government funds to any university that did not grant military recruiters the same level of access to their campuses as other prospective employers. The law had targeted some law schools that had limited the military's access as a means of protesting its ban on openly homosexual servicemembers, and FAIR argued that this violated the universities' First Amendment freedom of speech. After a Federal district court ruled against the universities, FAIR, et al. appealed to the Third Circuit, which ruled in their favor on November 29, 2004. The government appealed to the U.S. Supreme Court, which granted certiorari on May 2, 2005. E. Joshua Rosenkranz is a partner with the law firm Heller Ehrman. Prior to joining the firm, he was the founding president of the Brennan Center for Justice at New York University School of Law. He received his law degree from Georgetown University in 1986. The following is excerpted from the Brief for the respondents as submitted to the U.S. Supreme Court on September 21, 2005. [ABSTRACT FROM AUTHOR]
    • Abstract:
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