Post by Moses on Dec 7, 2005 8:18:43 GMT -5
Fed $$$ means complete co-ercion on anything they choose:
High court likely to back law for military recruiting
BY JENNIFER A. DLOUHY
HEARST NEWSPAPERS
December 7, 2005
WASHINGTON -- The U.S. Supreme Court appeared on Tuesday likely to uphold a law that requires colleges to allow military recruiters on campus as long as the schools receive federal funds.
At issue is about $35 billion in federal money that goes to universities each year to pay for a variety of programs, including scientific research. At the same time, the armed forces have been struggling to meet their recruiting quotas.
The case arose because some law schools have closed their doors to military recruiters to protest the "Don't ask, don't tell" policy of excluding openly gay service members.
But a law known as the Solomon amendment empowered the government to cut off federal money to any school that blocks military recruiters from having the same kind of access to "the campuses and to students that is provided to any other employer."
A group of 36 law schools challenged the law as unconstitutional, saying it compels the schools to endorse a message they oppose.
The government is trying to squelch the schools' message that they won't assist employers who discriminate, attorney E. Joshua Rosenkranz said Tuesday, representing the law schools.
The U.S. 3rd Circuit Court of Appeals sided with the schools last year and ruled that the statute restricted their freedom of speech. A majority of the judges on the appeals court said that law schools -- like other groups -- have a right to choose with whom they associate.
During Tuesday's oral arguments in the case, Chief Justice John Roberts said colleges have the option of barring recruiters. "You're perfectly free to do that if you don't take the money" from the government, he told Rosenkranz.
Roberts' comments track a recent trend by the Supreme Court of giving Congress wide latitude to impose conditions on states and other entities that receive federal dollars.
He and other justices said students are smart enough to distinguish between the policies of law schools and the recruiters they allow on campus.
"Nobody thinks this law school is speaking through those employers that come to their campus," Roberts said. "Everybody knows that those are the employers."
Justice Stephen Breyer said that blocking military recruiters in the name of free speech isn't the answer. "The remedy for speech you don't like is not less speech," he said. "It's more speech."
Justice Sandra Day O'Connor said law schools could express their displeasure "to every student that comes through the door" to a career fair or employment center on campus.
U.S. Solicitor General Paul Clement told the court that law schools also could put signs on bulletin boards and even help organize protests against the recruiters. And Clement said the Solomon amendment would let students jeer when recruiters walked into a career fair or job placement center.
Justice David Souter spoke in favor of the law schools.
"You are forcing them in effect to underwrite your speech," he told Clement. "You are forcing them to change their own message."
But Justice Antonin Scalia said the Solomon amendment didn't force law schools to engage in expressive speech.
"What expression -- words, words -- is the university compelled to utter under this regulation?" Scalia asked.
Bloomberg News contributed to this report.
Copyright © 2005 Detroit Free Press Inc.
High court likely to back law for military recruiting
BY JENNIFER A. DLOUHY
HEARST NEWSPAPERS
December 7, 2005
WASHINGTON -- The U.S. Supreme Court appeared on Tuesday likely to uphold a law that requires colleges to allow military recruiters on campus as long as the schools receive federal funds.
At issue is about $35 billion in federal money that goes to universities each year to pay for a variety of programs, including scientific research. At the same time, the armed forces have been struggling to meet their recruiting quotas.
The case arose because some law schools have closed their doors to military recruiters to protest the "Don't ask, don't tell" policy of excluding openly gay service members.
But a law known as the Solomon amendment empowered the government to cut off federal money to any school that blocks military recruiters from having the same kind of access to "the campuses and to students that is provided to any other employer."
A group of 36 law schools challenged the law as unconstitutional, saying it compels the schools to endorse a message they oppose.
The government is trying to squelch the schools' message that they won't assist employers who discriminate, attorney E. Joshua Rosenkranz said Tuesday, representing the law schools.
The U.S. 3rd Circuit Court of Appeals sided with the schools last year and ruled that the statute restricted their freedom of speech. A majority of the judges on the appeals court said that law schools -- like other groups -- have a right to choose with whom they associate.
During Tuesday's oral arguments in the case, Chief Justice John Roberts said colleges have the option of barring recruiters. "You're perfectly free to do that if you don't take the money" from the government, he told Rosenkranz.
Roberts' comments track a recent trend by the Supreme Court of giving Congress wide latitude to impose conditions on states and other entities that receive federal dollars.
He and other justices said students are smart enough to distinguish between the policies of law schools and the recruiters they allow on campus.
"Nobody thinks this law school is speaking through those employers that come to their campus," Roberts said. "Everybody knows that those are the employers."
Justice Stephen Breyer said that blocking military recruiters in the name of free speech isn't the answer. "The remedy for speech you don't like is not less speech," he said. "It's more speech."
Justice Sandra Day O'Connor said law schools could express their displeasure "to every student that comes through the door" to a career fair or employment center on campus.
U.S. Solicitor General Paul Clement told the court that law schools also could put signs on bulletin boards and even help organize protests against the recruiters. And Clement said the Solomon amendment would let students jeer when recruiters walked into a career fair or job placement center.
Justice David Souter spoke in favor of the law schools.
"You are forcing them in effect to underwrite your speech," he told Clement. "You are forcing them to change their own message."
But Justice Antonin Scalia said the Solomon amendment didn't force law schools to engage in expressive speech.
"What expression -- words, words -- is the university compelled to utter under this regulation?" Scalia asked.
Bloomberg News contributed to this report.
Copyright © 2005 Detroit Free Press Inc.