Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
547 U.S. 47 (2006)
The US military had a policy
of not allowing homosexuals to serve.
When military recruiters tried
to recruit on college campuses, they found that many schools denied them
access, claiming that their anti-homosexual policy was discriminatory.
In response, Congress passed
the Solomon Amendment (10
U.S.C. §93), which denied Federal
funding to schools that barred military recruitment on campus.
A number of law schools
(organized under FAIR) sued for an injunction, claiming that the Solomon
Amendment was an unconstitutional
infringement of the schools right to free association under
the 1st Amendment.
They argued that the Solomon
Amendment was a form of compelled
The Trial Court denied the
injunction. FAIR appealed.
The Appellate Court reversed
and granted the injunction. The military appealed.
The US Supreme Court reversed
and denied the injunction.
The US Supreme Court found
that the Solomon Amendment
neither denies the schools the right to speak, nor requires them to say
So the schools were free to
publicly speak out against the military's policy, or even organize
protests. They just couldn't deny access.
The Court found that the Solomon
Amendment does not require
endorsement of the recruiters, and just requiring their inclusion does
not constitute compelled speech in violation of the 1st