Expressive Association and the Ideal of the University in the Solomon Amendment Litigation
Tobias Barrington Wolff
University of Pennsylvania Law School
Northwestern University School of Law
August 20, 2008
Social Philosophy & Policy, Vol. 25, July 2008
U of Penn Law School, Public Law Research Paper No. 08-39
Northwestern Public Law Research Paper No. 08-30
This article offers a critical examination of the First Amendment expressive association arguments that law faculty pressed in suits challenging the constitutionality of the Solomon Amendment - the federal statute that requires educational institutions that receive federal funds to grant fully equal access to military recruiters despite the recruiters' inability to comply with law school non-discrimination policies. The article argues that these First Amendment claims were flawed, constituted a threat to important progressive values, and were deeply inconsistent with the ideal that should underlie an institution of higher learning.
Number of Pages in PDF File: 32
Keywords: expressive association, freedom of association, first amendment, solomon amendment, military, recruitment, don't ask don't tell, university, dale, boy scouts
JEL Classification: K3Accepted Paper Series
Date posted: August 22, 2008 ; Last revised: August 29, 2008
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