Donald H. Rumsfeld v. Forum for Academic and Institutional Rights

Amicus brief of the Cato Institute in Support of Respondents

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States


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.

© Cato Institute | Attorney Advertising

Written by:

more+
less-

Cato Institute on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×