
The Supreme Court released a
unanimous decision today by Chief Justice John Roberts upholding the Solomon Amendment against a 1st Amendment challenge. The Solomon Amendment uses Congress's spending power to force Law Schools to give equal access to military recruiters on campus. Before the Solomon Amendment was in force, many Law Schools refused to give equal access to military recruiters under the auspices of upholding their own anti-discrimination policies. The Law Schools argued that the Solomon Amendment in a sense forces them to change their anti-discrimination policies, and therefore limited their freedom of speech. The Supreme Court held that the Solomon Amendment does not compel speech, but instead compels action. The Court pointed out that the Law Schools are still free to say whatever they want, they have every right to express their outrage or tell students they don't agree, and therefore no first amendment right is violated.
Today, on
All Things Considered, on NPR, Georgetown University Law Professor
Chai Feldblum said "I read this opinion as a call to arms. The Supreme Court said that if you don't like the speech of the military, counter it with your own speech."
Harold Koh, Dean of Yale Law School said: "I think it is very clear that they are inviting us to engage in more speech, not less, and that sounds to me like an invitation for Law Schools to speak."
Finally, members of the elite left understand the benefits of free speech and a free and open exchange of ideas. I only wish that they didn't act like it was such a shocking revelation.