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Rumsfeld v. Forum for Academic and Institutional Rights (FAIR)

Docket No.: 04-1152
Certiorari Granted: May 2 2005
Argued: December 6, 2005
Decided: March 6, 2006

Topics:

First Amendment, Miscellaneous

PartyNames: RUMSFELD, SECRETARY OF DEFENSE, et al. v. FORUM FOR ACADEMIC AND INSTITUTIONAL RIGHTS, INC., et al.
Petitioner: Donald H. Rumsfeld, Secretary of Defense, et al.
Respondent: Forum for Academic and Institutional Rights, Inc., et al.

Court Below: United States Court of Appeals for the Third Circuit

Donald H. Rumsfeld, Secretary of Defense, et al.
v.
Forum for Academic and Institutional Rights, Inc., et al.
547 U.S. 47 (2006)
Background:

The Solomon Amendment, 10 U .S.C. 983(b)(1), withholds specified federal funds from institutions of higher education that deny military recruiters the same access to campuses and students that they provide to other employers.

Question Presented:

The question presented is whether the court of appeals erred in holding that the Solomon Amendment's equal access condition on federal funding likely violates the First Amendment to the Constitution and in directing a preliminary injunction to be issued against its enforcement.

Question:

Does the Solomon Amendment, which witholds certain federal funds from colleges and universities that restrict the access of military recruiters to students, violate the First Amendment?

Holding: reversed and remanded
Vote: 8-0
Recused: Alito
Read RUMSFELD V. FORUM FOR ACADEMIC AND INSTITUTIONAL RIGHTS (FAIR) opinion (PDF)
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