Solomon Amendment injunction [3rd Circuit] News
Solomon Amendment injunction [3rd Circuit]

Forum for Academic and Institutional Rights (FAIR), et al. v. Rumsfeld, et al., US Court of Appeals for the Third Citcuit, November 29, 2004 [issuing an injunction against the enforcement of the Solomon Amendment that requires the US Department of Defense to deny federal funds to educational institutions that refuse access to military recruiters]. Excerpt:

The Solomon Amendment requires law schools to express a message that is incompatible with their educational objectives, and no compelling governmental interest has been shown to deny this freedom. While no doubt military lawyers are critical to the efficient operation of the armed forces, mere incantation of the need for legal talent cannot override a clear First Amendment impairment. Even were the test less rigorous than a compelling governmental riposte to the schools' rights under the First Amendment, failure nonetheless is foreordeained at this stage, for the military fails to provide any evidence that its restrictions on speech are no more than required to further its interest in attracting good legal counsel.

Read the full text of the ruling here [PDF]. Reported in JURIST's Paper Chase here.