Because Breyer asked the best question in the oral arguments to the FAIR attorney, to wit, "Why isn't more speech better than less speech?"(paraphrased).
Ballgame over.
Roberts was very succinct. You don't want the military then don't take the money. Cites precedent of Dole.
See 18.
It reminds me of a senator interviewed one time that said the left belives in free speech as long as it is their free speech.
This issue also reminds me of an educator years ago that summed up what our institutions of higher (lower) learning have become..."Ivy-covered North Koreas".
I think there's a slight chance Stevens might even be on board. Probably not Ginsburg or Souter, based on their questions.