Solomon Amendment Statutory Argument

[Howard Schweber]

Funding conditions are always complicated -- is this a Finley or a 
Velazquez situation? -- but let's think about this as a (not very) 
straightforward First Amendment question.

The law schools argue that they are applying rules neutrally to the 
military and to everyone else.  But "neutrality" hides a multitude of 
sin.  If we are talking about a state university, would the practice of 
admitting recruiters onto campus create a Rosenberger forum?

If we are talking about a private university, is there a compelling state 
interest in recruiting college and law school graduates for military 
service sufficient to overcome the universities' negative association rights?

Howard Schweber
Dept. of Political Science
UW-Madison 
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