Posted on 12/11/2004 11:41:13 AM PST by NormsRevenge
In regard to "Court rules colleges may bar recruiters" [News, Nov. 30]: It seems that the military of this nation hasn't the right to recruit or inform on federally funded campuses, per the ruling of the third U.S. Court of Appeals.
The court explained that educational institutions have a First Amendment right to keep military recruiters off their campuses to protest the Defense Department policy of excluding gays from military service. This decision relied on a 2000 decision by the U.S. Supreme Court concerning the Boy Scouts not allowing gays as scoutmasters. The last I heard, the Boy Scouts of America was a private institution, not being federally funded in any way and therefore has that right (even though I may disagree with their stance on this issue).
The institutions cited as objecting to recruiters were Stanford, the New York University Law School, Georgetown and George Washington University. Joshua Rosenkranz, who represents the NYU law school, offered this explanation: "In a free society, the government cannot co-opt private institutions to issue the government's message."
I agree with this; however, it seems to me that an educational institution that relies on federal government funding - as practically all do in some way - is not a private institution and therefore is not covered by that statement and exempted from the Solomon Amendment.
This is the law that Congress passed in 1995 that barred the feds from disbursing any federal monies to colleges that obstruct campus recruiting by the military.
Beyond this legal point, what happened to the feelings that permeated these bastions of higher education after 9/11? Somehow they must no longer be valid, judging from the actions of students and professors of these institutions.
Who keeps these students and professors safe and secure from further attack by terrorists?
(Excerpt) Read more at ocregister.com ...
If we follow Rosenkranz's line of logic then the opposite must be true as well:
"In a free society, the government cannot co-opt private institutions (churches) to issue criticise the government's message."
But, I doubt Rosenkrantz would agree.
Aren't the Courts infringing on the first amendment rights of STUDENTS, who want to hear the recruiter's message?
If colleges can bar the military from recruitment on campuses based on the military's exclusion of gays, can they then ban any organization that has exclusive membership requirements?
Oh no, Students are in a protective bubble......
Not this one .
Thanks for the link.
bump
As I wrote to Harvard U. I have contacted my almamater to
say the veritas is the military need not recruit at our
institutes of higher? education--the veritas is one cannot
find the best and /or brightest in a freaking bathhouse.
Exclusion is the Law --Don't ask Don't tell foolish policy
but homosexual behavior is NOT will Never be compatible with military service.
No. it does not.
You are correct sir! When Clinton first implemented the Don't Ask Don't Tell policy it was about the time that Gen. Powell resigned as Joint Chief of Staff. There were a whole bunch of soldiers that made posters about it and hung them up. They were ordered to take them down and not say another word. They were in effect disrespecting their Commander in Chief. Ugh!
Anyway, I like your tagline :)!
Whom the Son sets free is free indeed.
"I agree with this; however, it seems to me that an educational institution that relies on federal government funding - as practically all do in some way - is not a private institution and therefore is not covered by that statement and exempted from the Solomon Amendment."
All that needs to be said.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.