Constitutional Law Keyed to Cohen
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
The Forum for Academic and Institutional Rights, Inc.(FAIR) (P) is an association of law schools in the U.S.which decided to bar access to their schools by military recruiters , in protest against the U.S. military’s policy of not allowing openly homosexual persons to enter military service. The Solomon Amendment, 10 U.S.C. 983, was enacted by Congress in response to this action. It provided for loss of federal funding to an entire educational institution if any part of the institution refused or failed to provide equal access to military recruiters, as to all other recruiters. FAIR filed against the Amendment on the grounds that it violated the rights of the law schools in regard to free speech and association. The decision was in favor of the government (D) but on appeal the ruling was reversed. The Supreme Court granted review.
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