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Supremes to Colleges: Military Recruiter Bans Illegal

 
 
Reply Mon 6 Mar, 2006 11:37 am
Quote:
Supreme Court upholds college military recruiting law

By Gina Holland
ASSOCIATED PRESS

7:43 a.m. March 6, 2006

WASHINGTON - The Supreme Court ruled unanimously Monday that colleges that accept federal money must allow military recruiters on campus, despite university objections to the Pentagon's "don't ask, don't tell" policy on gays.

Justices rejected a free-speech challenge from law schools and their professors who claimed they should not be forced to associate with military recruiters or promote their campus appearances.

Chief Justice John Roberts, writing for the court, said that the campus visits are an effective military recruiting tool.

"A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message," he wrote.

Law schools had become the latest battleground over the "don't ask, don't tell" policy allowing gay men and women to serve in the military only if they keep their sexual orientation to themselves.

Many universities forbid the participation of recruiters from public agencies and private companies that have discriminatory policies.

The court's decision upholds a law that requires colleges that take federal money to accommodate recruiters.

Roberts, writing his third decision since joining the court last fall, said there are other less drastic options for protesting the policy. "Students and faculty are free to associate to voice their disapproval of the military's message," he wrote.

"Recruiters are, by definition, outsiders who come onto campus for the limited purpose of trying to hire students - not to become members of the school's expressive association," he wrote.

The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities give the military the same access as other recruiters or forfeit federal money.

College leaders have said they could not afford to lose federal help, some $35 billion a year.

The court heard arguments in the case in December, and justices signaled then that they had little problem with the law.

Roberts filed the only opinion, which was joined by every justice but Samuel Alito. Alito did not participate because he was not on the bench when the case was argued.

"The Solomon Amendment neither limits what law schools may say nor requires them to say anything," Roberts wrote.

The case is Rumsfeld v. Forum for Academic and Institutional Rights, 04-1152.


This'll get some outraged howling going, though given that the decision was unanimous, without dissent, the issue is to all practicle purposes closed. Where's the problem? Schools are free to choose to accept Federal Rules and Federal Funds, or to choose to reject both. Their call, nobody is forcing them to do anything.
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Type: Discussion • Score: 2 • Views: 8,272 • Replies: 180
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cjhsa
 
  1  
Reply Mon 6 Mar, 2006 11:39 am
Personally I think those that accept federal money and ban recruiters should be used for target practice. But that's just me.
0 Replies
 
timberlandko
 
  1  
Reply Mon 6 Mar, 2006 11:42 am
I figure the schools that were in violation of the law should be made to refund the Federal Dollars they received while in non-compliance, and be assessed punitive damages as well.
0 Replies
 
woiyo
 
  1  
Reply Mon 6 Mar, 2006 11:42 am
"The federal law, known as the Solomon Amendment after its first congressional sponsor, mandates that universities give the military the same access as other recruiters or forfeit federal money. "

Seems pretty clear to me. Amazing how a LAW SCHOOL had no knowledge of the Amendment.
0 Replies
 
dyslexia
 
  1  
Reply Mon 6 Mar, 2006 11:42 am
I believe D Eisenhower mentioned this as a dangerous develoment in our society (Institutions of higher Ed becoming dependent of Fed funds) but people only seem to remeber his warning about the military industrial complex.
0 Replies
 
Anon-Voter
 
  1  
Reply Mon 6 Mar, 2006 11:47 am
I always think it's humorous that the Feds think it is THEIR money! It seems they forget who the hell they collected it from, and whose benefit it is to be spent on.

Anon
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 6 Mar, 2006 11:47 am
I can't imagine such in Germany - that's one of the reasons, the forces have two own universities :wink:
0 Replies
 
timberlandko
 
  1  
Reply Mon 6 Mar, 2006 11:48 am
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price - their call.
0 Replies
 
Anon-Voter
 
  1  
Reply Mon 6 Mar, 2006 11:48 am
Walter Hinteler wrote:
I can't imagine such in Germany - that's one of the reasons, the forces have two own universities :wink:


They have them here as well, apparently that isn't enough.

Anon
0 Replies
 
Anon-Voter
 
  1  
Reply Mon 6 Mar, 2006 11:49 am
timberlandko wrote:
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price their call.


They have to pay the price to spend their money ... yea, that makes sense.

Anon
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 6 Mar, 2006 11:54 am
timberlandko wrote:
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price - their call.



If such would be a reason here, the state/federal government would nearly dictate all and everything - from church over charity to education and academic life.
0 Replies
 
woiyo
 
  1  
Reply Mon 6 Mar, 2006 11:55 am
Anon-Voter wrote:
timberlandko wrote:
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price their call.


They have to pay the price to spend their money ... yea, that makes sense.

Anon


I don't understand the argument here.

Is there something wrong with a career int he military? IS there something wrong with military recruitment on campus as opposed to say a LAW FIRM who probably has made no investment in the university.

Taxpayers support the military and support the colleges. Why should military recruitmers be discriminated against when I'M PAYING FOR BOTH?
0 Replies
 
Anon-Voter
 
  1  
Reply Mon 6 Mar, 2006 11:56 am
Walter Hinteler wrote:
timberlandko wrote:
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price - their call.



If such would be a reason here, the state/federal government would nearly dictate all and everything - from church over charity to education and academic life.


Walter,

That is exactly what the right wing here wants to do!!

Anon
0 Replies
 
ehBeth
 
  1  
Reply Mon 6 Mar, 2006 11:56 am
woiyo wrote:
" mandates that universities give the military the same access as other recruiters or forfeit federal money. "


maybe they can do it the way a number of universities do it here - ban all recruiters from the campus. that seems to work quite well.
0 Replies
 
Phoenix32890
 
  1  
Reply Mon 6 Mar, 2006 11:57 am
If a school feels that strongly about military recruiting, no one is telling them to accept federal funds. You can't have it both ways!
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 6 Mar, 2006 11:58 am
Phoenix32890 wrote:
If a school feels that strongly about military recruiting, no one is telling them to accept federal funds. You can't have it both ways!


That's obviously the fact, as the Supremes say.

But hard to understand by someone, who knows it works very well differently - without 'legal battle'.
0 Replies
 
woiyo
 
  1  
Reply Mon 6 Mar, 2006 12:00 pm
ehBeth wrote:
woiyo wrote:
" mandates that universities give the military the same access as other recruiters or forfeit federal money. "


maybe they can do it the way a number of universities do it here - ban all recruiters from the campus. that seems to work quite well.


Where is "HERE"? What State?
0 Replies
 
dyslexia
 
  1  
Reply Mon 6 Mar, 2006 12:00 pm
Robert Welch must have been right, Eisenhower was indeed a communist.
0 Replies
 
Anon-Voter
 
  1  
Reply Mon 6 Mar, 2006 12:04 pm
woiyo wrote:
Anon-Voter wrote:
timberlandko wrote:
Nobody forces schools to accept Federal Funds - if they want the prize, they hafta pay the price their call.


They have to pay the price to spend their money ... yea, that makes sense.

Anon


I don't understand the argument here.

Is there something wrong with a career int he military? IS there something wrong with military recruitment on campus as opposed to say a LAW FIRM who probably has made no investment in the university.

Taxpayers support the military and support the colleges. Why should military recruitmers be discriminated against when I'M PAYING FOR BOTH?



What's wrong Woiyo, don't you think the Military is getting enough of our money at this point? While the military is on this monetary glut over the last 5 years, education, especially at the higher levels has taken a huge hit. Interest rates have just been raised making it even more expensive for todays student to get a higher education. It's estimated that a 25 year old student will pay $500-$600 per month UNTIL RETIREMENT in order to pay off their student loan, yet the fricking military is spending money hand over fist. All they have to do is ask, and we hand over billions, while we jack up our colleges.

Like Walter has mentioned, the forces each have their own academy, why isn't that enough ... we're paying for that!!

I'm just tired of seeing the war machine everywhere, and seeing the military guzzling money while we screw our youth. They have plenty of access, keep them off the fricking campuses.

Anon
0 Replies
 
timberlandko
 
  1  
Reply Mon 6 Mar, 2006 12:06 pm
Under the law, banning all recruiting would still result in a school's ineligibility for Federal Funds; you want Federal Funds, you get Federal Recruiters - whether for the Military, the Peace Corps, the FBI, or the CIA. Its a no-brainer, which of course explains the difficulty it causes The American Left.
0 Replies
 
 

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