Rumsfeld v. Forum for Academic and Institutional Rights

Summary

The Solomon Amendment is a federal law passed by Congress that withholds some federal funding from colleges and universities that do not give military recruiters the same access to students as other employers. The Forum for Academic and Institutional Rights (FAIR) filed a lawsuit claiming the Solomon Amendment unconstitutionally forced universities to assist in military recruitment.

A federal district court rejected FAIR’s claim, but the U.S. Court of Appeals for the 3rd Circuit reversed the ruling and held that the Solomon Amendment violated the First Amendment. The U.S. Supreme Court agreed to hear the case in May 2005, and Alliance Defending Freedom filed an amicus brief in support of the law.

In March 2006, the Supreme Court ruled that the Solomon Amendment does not violate the Constitution. It said the law does not require colleges and universities to advocate for military recruitment—it only requires them to give military recruiters the same access as other groups. The ruling protected students’ right to access military recruiters on campus on the same terms they access other recruiters.