Expressive Association and the Ideal of the University in the Solomon Amendment Litigation

Abstract

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.

Keywords: expressive association, freedom of association, first amendment, solomon amendment, military, recruitment, don't ask don't tell, university, dale, boy scouts

JEL Classification: K3