Tuesday, March 07, 2006

Rumsfeld v. FAIR - Government Wins

Yeah, a little late with this, I didn't see this till the geekWife mailed it over. I was far under the weather yesterday, so I didn't get online until this AM.

But it looks like the government has won this case. And very decisively. The decision was Unanimous except for Alito not participating. That should tell you something right there.
"The Solomon Amendment regulates conduct, not speech," Roberts said. "It affects what law schools must do -— afford equal access to military recruiters - not what they may or may not say…..... [It] neither limits what the law schools may say nor requires them to say anything."
That's pretty much the crux of it. The free-speach issue is discussed all over the place. Here are the entries on SCOUTS Blog. I think Lederman believes this is a bad decision, but he does give some interesting points on the topic of free-speach.

The Volokh Conspiracy also has a piece, not unexpectedly, on the topic. These are quick reactions, so I understand that they may not be fully thought out at this point, but these guys are pretty quick on their feet.

I'll leave it to you to read the entries. I'm just not up to making comments at the moment. (Oh work is going to be a joy today.)



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