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First Amendment extends to the military, too
OC Register ^ | 12/11/04 | Lawrence R. Hoffman

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 ...


TOPICS: Culture/Society; Editorial; Foreign Affairs; Government; Politics/Elections
KEYWORDS: campuses; colleges; extends; firstamendment; military; recruiting; recruitment
Lawrence R. Hoffman, a Garden Grove resident, is a Professor Emeritus at Long Beach City College.
1 posted on 12/11/2004 11:41:14 AM PST by NormsRevenge
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To: NormsRevenge
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."

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.

2 posted on 12/11/2004 11:53:10 AM PST by Noachian (A Democrat, by definition, is a Socialist.)
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To: NormsRevenge

Aren't the Courts infringing on the first amendment rights of STUDENTS, who want to hear the recruiter's message?


3 posted on 12/11/2004 11:55:23 AM PST by Jabba the Nutt (Breaded and deep fried in peanut oil.)
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To: NormsRevenge
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.

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?

4 posted on 12/11/2004 12:07:44 PM PST by SilentServiceCPOWife (In the smiling twilight of the new political morning, the unwashed told their betters to shove it.)
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To: Jabba the Nutt; NormsRevenge

Oh no, Students are in a protective bubble......


5 posted on 12/11/2004 12:08:58 PM PST by Ernest_at_the_Beach (A Proud member of Free Republic ~~The New Face of the Fourth Estate since 1996.)
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To: SilentServiceCPOWife
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?

Not this one .

6 posted on 12/11/2004 12:31:01 PM PST by skip_intro
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To: skip_intro

Thanks for the link.


7 posted on 12/11/2004 12:42:52 PM PST by SilentServiceCPOWife (In the smiling twilight of the new political morning, the unwashed told their betters to shove it.)
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To: NormsRevenge

bump


8 posted on 12/11/2004 12:46:57 PM PST by blackeagle
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To: NormsRevenge

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.


9 posted on 12/11/2004 12:49:44 PM PST by StonyBurk
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To: NormsRevenge
First Amendment extends to the military, too

No. it does not.

10 posted on 12/11/2004 1:13:47 PM PST by Mark Felton (We are free because we are Christian. There is no other reason.)
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To: Mark Felton

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.


11 posted on 12/11/2004 9:57:27 PM PST by kuma
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To: NormsRevenge
Relevent again.

"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.

12 posted on 05/05/2005 7:58:30 AM PDT by hattend (Alaska....in a time warp all it's own!)
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