No Child Left (Behind) Unrecruited

Abstract

This article introduces a reader to the No Child Left Behind military recruitment provision, Section 9528, and its legislative history. It discusses the Opt-Out Campaign launched by parents and other activists engaged in protecting children from aggressive military recruitment. The article argues that Section 9528 violates First Amendment because it represents government compelled speech and it infringes upon the right to anonymity. It also argues that the military recruiting provision is an unconstitutional condition imposed by the government on federal funds recipients. The article suggests that a pending bill H.R.551 or Opt-In is a one way of solving the issue of constitutionality.

Keywords: first amendment, compelled speech, free speech, right to anonymity, free speech, unconstitutional condition, no child left behind, military recruitment, opt-out campaign

JEL Classification: K19, K39, K49