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

32 Pages Posted: 22 Aug 2008 Last revised: 29 Aug 2008

Date Written: August 20, 2008

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

Suggested Citation

Wolff, Tobias Barrington and Koppelman, Andrew M., Expressive Association and the Ideal of the University in the Solomon Amendment Litigation (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. Available at SSRN: https://ssrn.com/abstract=1242449

Tobias Barrington Wolff (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Andrew M. Koppelman

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)

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