Implications of the CLS v. Martinez Supreme Court Decision

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In CLS v. Martinez, the Hastings College of Law sought to impose a nondiscrimination policy that required all student organizations to accept as members and officers any student who attended the law school, even if that student disagreed with the fundamental purpose or official positions of the student organization. The opinion refers to this policy as an "accept-all-comers" policy. According to a narrow 5-4 majority of the Supreme Court, compliance with this "accept-all-comers" policy was a constitutionally permissible method of conditioning access to the student-organization forum Hastings had set up for its student body.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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