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The Right to Just Say No: Schools That Wish to Bar Military Recruiters Because of "Don't Ask, Don't Tell" Are Winning on Free Speech Grounds

By: Allen, Dan | The Advocate (The national gay & lesbian newsmagazine), March 15, 2005 | Article details

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The Right to Just Say No: Schools That Wish to Bar Military Recruiters Because of "Don't Ask, Don't Tell" Are Winning on Free Speech Grounds


Allen, Dan, The Advocate (The national gay & lesbian newsmagazine)


You might think that a battle against military recruiters on college campuses would be based on the right to freedom of association. But in fact it's become a fight over freedom of speech.

Congress and the Pentagon have been fighting hard against a growing number of prestigious law schools that have barred military recruiters because of the armed services' antigay "don't ask, don't tell" policy. They argue that the 1995 Solomon Amendment allows them to withhold federal funding from any school that doesn't allow on-campus recruiting.

But federal judges axe seeing it differently. In a lawsuit brought by Yale Law School, U.S. district judge Janet C. Hall on January 31 …

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