Commentary

Is FAIR v. Rumsfeld Bad For Free Speech?

This debate appeared on Legalaffairs.org, March 7, 2006.
In the Supreme Court’s 8-0 ruling that the government can force law schools to host military recruiters, Chief Justice John Roberts wrote that recruiting is not an “inherently expressive” activity because law schools “are not speaking when they host interviews and recruiting receptions.” The Court overruled the Third Circuit, which held that cutting off federal financing to universities that ban military recruiters was unconstitutional because it violated the schools’ right to protest the military’s anti-gay policies.

Mark Moller and Angus Dwyer debate.


Mark Moller is a senior fellow in constitutional studies and the editor in chief of the Cato Supreme Court Review.