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Unalienable Rights Foundation - Can Law Schools Have Part of the Federal Pie Without Obligations
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 Can Law Schools Have Part of the Federal Pie Without Obligations

UnAlienable Rights

FIRST AMENDMENT, DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION,
RIGHT OF EXPRESSIVE ASSOCIATION, COMPELLED SPEECH DOCTRINE, MILITARY
RECRUITING, SPENDING CLAUSE

Rumsfeld v. Forum for Academic and Institutional Rights ("FAIR"), 04-
1152

Oral argument date: Dec. 6, 2005

Under the Solomon Amendment, law schools that receive federal funding
must provide to military recruiters the same access to career placement
services that they provide to other employers. This requirement conflicts
with most law schools' policies of non- discrimination, which withhold
career placement services from employers who exclude employees on the
basis of race, gender, religion or sexual orientation.
The Forum for Academic and Institutional Rights ("FAIR") has
challenged the Solomon Amendment on two grounds. First, they argue
that the Amendment is an unconstitutional condition that infringes
their freedom of speech. Second, FAIR argues that law schools are
"expressive associations" whose right to free speech and dissemination
of a chosen message is impaired by the forced accommodation of military
recruiters on campus. The Third Circuit Court of Appeals, in ruling for
FAIR, held that the Solomon Amendment unconstitutionally impairs
expressive conduct and that the Government has not shown a compelling
interest that justifies denying this freedom. The case is significant
because it will determine whether, specifically, law schools are able
to bar military recruiters from campus without losing federal funding,
and, more broadly, whether certain associations may qualify for federal
funding but remain constitutionally protected from disseminating a
message with which they do not agree.




 
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