THIS DAY AT LAW
Today in legal history...

Monday, November 29, 2010

Third Circuit blocked enforcement of Solomon Amendment

On November 29, 2004, a panel of the US Court of Appeals for the Third Circuit issued an injunction against the enforcement of the Solomon Amendment [10 USC § 983], a federal law denying federal funding to colleges that prohibit military recruiters. The ruling came after a challenge was filed by a group of law professors and students who claimed the law violated university free speech rights and that the government had failed to offer any evidence that the law aided recruitment efforts. The schools objected to the policy because they argued that the military's "Don't Ask Don't Tell" policy [10 USC § 654] violated the school's prohibition of discriminatory employers. The ruling was later overturned by the US Supreme Court in Rumsfeld v. FAIR.



Learn more about "Don't Ask Don't Tell" from the JURIST news archive.




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