Social Philosophy and Policy 25 (2):92-122 (2008)

In this article, Professors Wolff and Koppelman offer a critical analysis of the free speech claims that were asserted by the law schools and law faculty that sought to challenge the Solomon Amendment. Solomon is a federal statute that requires law schools to grant full and equal access to military recruiters during the student interview season. The military discriminates against gay men and lesbians under its t Ask, Don policy, and the law professors claimed a right to exclude the military under the First Amendment doctrine of arguing that the presence of discriminatory recruiters would interfere with the ability of faculty to express their own message of inclusion toward their gay students. Those claims were ultimately rejected by the Supreme Court in Rumsfeld v. FAIR. Wolff and Koppelman argue that the law professors' litigation efforts, though well intentioned, were deeply misguided, seeking to extend a recent and aberrational decision in the law of expressive association to unsustainable lengths and, in the process, offering a characterization of the manner in which faculty engage in their own expression that is inconsistent with the ideals that should govern institutions of higher learning
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/S0265052508080205
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,192
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

The Conservative Challenge to Liberalism.Rutger Claassen - 2011 - Critical Review of International Social and Political Philosophy 14 (4):465-485.
The Semantics of Symbolic Speech.Paul Berckmans - 1997 - Law and Philosophy 16 (2):145-176.
Expressive Association After Dale.David E. Bernstein - 2004 - Social Philosophy and Policy 21 (2):195-214.
Expressive Exclusion: A Defense.Sonu Bedi - 2010 - Journal of Moral Philosophy 7 (4):427-440.


Added to PP index

Total views
12 ( #809,491 of 2,507,351 )

Recent downloads (6 months)
1 ( #417,155 of 2,507,351 )

How can I increase my downloads?


My notes