The Solomon Amendment Lives On

March 6, 2006

Today, the United States Supreme Court upheld the "Solomon Amendment" against a challenge from a group of law schools claiming that the "forced inclusion and equal treatment of military recruiters violated the law schools’ First Amendment freedoms of speech and association." Rumsfeld v. FAIR, 547 U.S. ____ (March 6, 2006), online version at 3.

Indeed, according to FAIR (Forum for Academic and Institutional Rights- the association of law school faculties who was the plaintiff in this case), "the Solomon Amendment was unconstitutional because it forced law schools to choose between exercising their First Amendment right to decide whether to disseminate or accommodate a military recruiter’s message, and ensuring the availability of federal funding for their universities."  Id.

So, what is the Solomon amendment, and why does it matter?

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