8 - The Michigan Daily - Tuesday, May 3, 2005
Campus recruiting by
military to ruled on
by Supreme Court
OBAMA Q
butts on the job market? Can we honestly say our teachers
are working twice as hard, or our parents," Obama asked
as the audience nodded their heads.
Obama also said improvement was needed at home
as well.
"We've got some work to do in our own households ยข
and our own communities - new money won't make a
dime's bit of difference if we don't turn off the television
set. Economic development includes throwing your own
trash away to keep communities clean," Obama said, while MKsr sEcscns i uy
the audience affirmed his statements with applause and Rev. Wendell Anthony sits at dinner with Sen. Barack Obama
murmurs of approval. and his wife Michelle at Sunday's NAACP event.
I
WASHINGTON (AP) - The Supreme
Court agreed yesterday to consider
whether the government can withhold
federal funds from colleges that bar mili-
tary recruiters, wading into a dispute over
campus free speech rights.
The justices will review in their next
term beginning in October a ruling allow-
ing law schools to restrict recruiters as a
way of protesting the Pentagon's "don't
ask, don't tell" policy excluding openly
gay people from military service.
The case sets up a free speech fight
over schools' rights of association and the
government's need to promote an effec-
tive military in time of war. It's a dispute
that has resonated on college campuses
since at least the 1950s during Sen. Joseph
McCarthy's anti-communism crusade.
At that time, left-leaning professors were
forced to sign loyalty oaths to the United
States or be fired.
During the Vietnam War, the presence
of ROTC programs on some campuses
prompted protests, with opponents seeing
them as representatives of a wrongheaded
foreign policy and the Pentagon as an
institution incompatible with free thought
and expression.
Now the debate involves the Penta-
gon's desire to recruit military lawyers
on campuses.
"The military services depend sig-
nificantly on campus access to recruit the
lawyers they need to carry out their mis-
sions," Bush administration lawyer Paul
Clement wrote in filings with the court.
But E. Joshua Rosenkranz, a lawyer
representing 31 law schools suing the Pen-
tagon, contends the government may not
force schools to accept its discriminatory
policy by linking military recruitment to
federal research money.
"If, as the Supreme Court has held,
bigots have a First Amendment right to
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exclude gays, then certainly universities
have a First Amendment right to exclude
bigots," he said.
At issue is a 1994 federal law requiring
universities that receive federal funds to
give the military the same access asother
recruiters. At some schools, the funding
can be hundreds of millions of dollars.
The law, known as the Solomon
Amendment, has been particularly
controversial for law schools that have
nondiscrimination policies barring
any recruiter - government or private
- from campus if the organization rep-
resented unfairly bases hiring on race,
gender or sexual orientation.
A panel of the Philadelphia-based 3rd
U.S. Circuit Court of Appeals in Novem-
ber blocked the government from enforc-
ing the law pending a full trial, ruling 2-1
that it was "reasonably likely" that the law
violated free speech rights.
In its decision, the 3rd Circuit cited
a 2000 Supreme Court ruling by Chief
Justice William H. Rehnquist that let the
Boy Scouts exclude gay scoutmasters.
Just as the Scouts have a right to exclude
gays based on a First Amendment right
of expression, so too may law schools bar
groups they consider discriminatory, the
court said.
In February, the House passed a non-
binding resolution on a 327-84 vote that
expressed support for the law, which also
denies defense-related funding to univer-
sities that don't provide ROTC programs.
Recruiters for that program are separate
from those the Pentagon sends to attract
lawyers.
The Bush administration and its back-
ers contend the law does not violate free
speech rights because schools are free to
protest the Pentagon's policy as they wish,
so long as they give the military equal
access as others to campuses.
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