Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

By Daryl R. Privott | Go to book overview

CHAPTER VIII
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SUMMARY, RECOMMENDATIONS, AND
CONCLUSIONS

Summary

The Opinion of the Court in the Rumsfeld case settles a longstanding issue between military recruiters and college and university campuses regarding campus access for military recruiting. The issue of military recruiters on campus has been an issue on some college and university campuses since the early 1970’s. The Solomon Amendment was enacted to encourage college and university campuses to allow military recruiters on their campuses and provide them with the assistance provided any other recruiter. A coalition of law schools, the Forum for Academic and Institutional Rights (FAIR), was created to challenge the constitutionality of the Solomon Amendment. FAIR claimed the Solomon Amendment infringed on their constitutional First Amendment rights of ‘Freedom of Speech’, ‘Association’ and the funding penalty constituted an ‘Unconstitutional Condition’ on the receipt of federal funds.

In the District Court, FAIR lost and appealed to the Third Circuit Court of Appeals and there FAIR was victorious. The case was selected by the Supreme Court of the United States and in this venue, FAIR lost on all counts. The decision of the Court was a unanimous decision and was one of the early decisions of Chief Joseph Roberts. Chief Justice Roberts took his seat on the

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Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair
Table of contents

Table of contents

  • Title Page iii
  • Table of Contents v
  • Acknowledgements vi
  • Chapter I- Fall in 1
  • Chapter II- Attention 11
  • Chapter III- Halt 31
  • Chapter IV- Ranks 51
  • Chapter V- Present Arms 111
  • Chapter VI- Eyes Front 125
  • Chapter VII- Fall out 131
  • Chapter VIII- Dismiss 149
  • Table of Authorities 159
  • References 161
  • Index 173
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