Solomon Amendment

[Marty Lederman]

Just to be clear:  Although perhaps I've "never previously had a good word to say for freedom of association, or a bad word for antidiscrimination laws," I am not the one to whom David is referring who has objected to the SA on the ground that it "isn't free association; it's forced association."  Indeed, I've never been a fan of the forced association and compelled speech claims of the plaintiffs.
  ----- Original Message ----- 
  From: DavidEBernstein at aol.com 
  To: conlawprof at lists.ucla.edu 
  Sent: Tuesday, December 06, 2005 4:46 PM
  Subject: Re: Solomon Amendment


  I'm going to have to bow out of this debate due to a time crunch, but I'll just close by saying: (1) I think the Solomon Amendment is a bad law; (2) I think it's coercive, even under South Dakota v. Dole, to take away $300 million from a university that depends on federal funds because of law school recruiting policy; (3) as a practical matter, it would make more sense for law schools to express their displeasure at Congress, the boss, than at the military recruiters, its agent (and at the executive for enforcing thelaw and the judiciary for upholding it); (4) I'm always happy to see Dale extended, but I don't think it will be extended this far--I'm not even confident that the law schools, as units of a university, can independently assert an expressive association claim; (5) I've been very amused by law professors who have never previously had a good word to say for freedom of association, or a bad word for antidiscrimination laws, who object to the SA on the grounds that "isn't free association; it's forced association, and it's wrong" (<<<<----actual quote). 

  David E. Bernstein
  Visiting Professor
  University of Michigan School of Law
  Professor
  George Mason University School of Law
  http://mason.gmu.edu/~dbernste


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