In re: Law Schools Free Speech

So just the other day the Supreme Court heard a case conerning the military recruitment at law schools. The schools had wanted to be able to keep the military out, but retain their federal funding, is essentially what the situation was, but it was portrayed as a free speech issue. The case Rumsfeld v. FAIR (Forum for Academic and Istitutional Rights) (See article concerning the case on the SCOTUSblog) is a bit more complex in that the reason the schools don’t want to allow the military to recruit is that the military discriminates against homosexuals, a criteria that the schools won’t normally allow in a prospective employer who comes to campus.
For a detailed examination see the SCOTUSblog, I only wanted to add in the fact that I am not sure if it is a free speech issue as the schools are free to reject the military and lose the federal funding. Losing this funding though would cripple most schools and thus they aren’t really ‘free’ to pursue this path. At least here at OSU they make it clear that the school doesn’t support the militaries policy of discrimination, and I feel that this is a fairly reasonable middle road. At the same time I also in general don’t like federal gov’t coercison with ‘their money’, just as they do with highway money as it is coming from state residents in the first place, why should they have to beg for it back. (Okay we won’t get into that argument right now, as there are great arguments for the massive federal highway system, but one only needs to look to the most recent transportation bill (READ bridge in Alaska) to see the downsides too, that and I am opposed to the 21 year old drinking age, being set essentially at the federal level) So i’ve digressed far from the original point, but I think thats okay, I would only add as a closing point that we should also be arguing about the military’s policy as well. Right now we have had recruiting shortfalls, with I believe only getting 80% of the numbers they needed (that might be the reserves recruiting number, so don’t quote me) but in any event, even with the lowered standards we aren’t meeting our numbers. This would seem to me the perfect reason to justify taking qualified homosexuals, instead of what is a silly don’t ask/don’t tell policy.

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One Response

  1. ah ha…i found ur blog but i’m too busy to actually read it:)

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