Conservative commentators erupted in glee after the U.S. Supreme Court last week unanimously ruled in Rumsfeld v. Forum for Academic and Institutional Rights, Inc. that Congress had not violated the First Amendment rights of law schools by requiring, on pain of a university’s loss of substantial federal financial assistance, that military recruiters receive the same on�campus access to students as the most favored non�military recruiters.
The decision brings to an end a rather ingenious challenge to the “Don’t Ask, Don’t Tell” policy prohibiting openly homosexual individuals from serving in the U.S. Military. After several direct legal challenges to the policy failed, law school professors believed that they could pressure Congress and the military to abandon the policy by making it more difficult to recruit law students into the military.
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