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September 1, 2005
Legal Briefs

Rumsfeld v. Forum for Academic and Institutional Rights

by Mark Moller

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In an effort to signal their disapproval over the military's controversial "don't ask, don't tell" policy barring homosexuals from service, many universities have prohibited military representatives from recruiting on campus. In response, Congress passed the Solomon Amendment, which denies federal funding to universities that refuse military recruiters equal access to students. Arguing in favor of the group of law schools challenging the constitutionality of the Solomon Amendment, this brief asserts that the law exacts an inappropriate penalty on protected speech and associational rights, including the right of private associations to bar persons from their property when doing so advances their ability to contribute to the marketplace of ideas. Enforcement of the Solomon Amendment would not only abridge the expressive speech of universities but require them to subsidize speakers with whom they disagree.

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