| Venue: | SCOTUS |
| Facts: | Law schools don't like JAG recruiters, because of don't-ask-don't-tell. They deny them access to campus, and the military says they'll pull funding (the Solomon Amendment). |
| Posture: | Judgment for plaintiffs at trial, reversed on appeal (3rd Cir). |
| Issue: | Is it an infringement on 1A freedoms of speech and association to make the Law Schools choose between their nondiscrimination policies and federal funding? |
| Holding: | No. Reversed. |
| Rule: | Congress is free to attach reasonable and unambiguous conditions to federal financial assistence. |
| Reasoning: | Art I ยง 8, clause 1 gives congress the power to "provide for the common defense," "to raise and support armies," and "to provide and maintain a navy." Because the congress has that explicit mandate, they're free to do this: something they could do directly can't be unconstitutional just because they're doing it indirectly.
This doesn't limit what Law Schools can say, and it doesn't require them to espouse any particular beliefs. |
| Dicta: | Forcing an employer to take down a "white applicants only" sign isn't a 1A violation. |