The Corner

Banning The Military

The 3rd U.S. Circuit Court of Appeals has found the Solomon Amendment unconstitutional. That means colleges can now ban the military with impunity. The Solomon Amendment bars federal funding to colleges and universities that exclude military recruiters from campus. Faced with the loss of federal funds, several prominent law schools have admitted military recruiters they would prefer to have barred. Supposedly, these institutions want to exclude military recruiters because the schools object to the military’s policy on gays. In reality, the ban on campus military recruitment is part of a deep lying and much broader hostility to the armed services that has kept the ROTC from some of our most prestigious schools for decades. Justice Ruggero John Aldisert issued a sharp dissent in the 2-1 decision. Aldisert argued that the majority had given insufficient weight to the compelling government interest in staffing the military. He also took issue with the majority’s claim that the Solomon Amendment violates the rights of free speech, saying that the mere presence of military recruiters on campus does not prevent schools from protesting government policy.


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