On March 6, 2006, the United States Supreme Court decided Rumsfeld v. Forum for Academic and Institutional Rights. In this decision, drafted by Chief Justice John Roberts, the Court addressed the constitutionality of Congress (1) requiring universities to provide military recruiters with the same access to law school career services offices that the school would grant to other prospective employers and (2) withholding federal funding for the entire university if the law school failed to grant this access. The Supreme Court held that these requirements did not violate the First Amendment rights of freedom of speech and freedom of association. Although this case, which pitted thirty-six prestigious law schools against the Secretary of Defense, failed in its constitutional challenge, it succeeded in bringing attention to a larger public policy concern: the United States government's continued implementation of the controversial policy of "Don't Ask, Don't Tell."
"A Victory in Defeat: The Implications of Rumsfeld v. Fair on "Don't Ask, Don't Tell","
Tennessee Journal of Law & Policy:
1, Article 7.
Available at: http://trace.tennessee.edu/tjlp/vol4/iss1/7