A couple of things stand out here. First, if the government’s interest in military recruiting is not compelling, what government interest is? The military is not the equivalent of a private organization. It protects us all, and none of us can opt out of the benefits of that protection without leaving the country. Colleges can criticize military policy all they like, but they cannot actively bar military recruiters and fairly expect to receive federal funds. If congress cannot require colleges to do something as basic as admit federal personnel to campuses in return for the public’s generous aid, then the academy will have effectively turned federal money into an open-ended entitlement. This decision mistakes free speech rights for an entitlement to government funding. If these colleges really believe that federal policy is bigoted, why are they so willing to take the government’s tainted money? If they don’t want to admit the military, they are perfectly free to refuse federal funds.
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