Word: amendmenteers
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The law professors’ brief took no position on FAIR’s argument that the Solomon Amendment breaches law schools’ free-speech rights. Instead, the professors argued that the government has unlawfully given the military a “unique privilege” to disregard any...
Professor of Law Janet Halley, an expert on military policy towards gays, said that if the high court sides with FAIR and rules that the Solomon Amendment is unconstitutional, other federal provisions—including Title IX, a 1972 statute that prohibits discrimination on the basis of sex?...
“If the court were to hold that the Solomon Amendment is unconstitutional because schools have absolute freedom to determine education policies, then you can imagine a subsequent case citing that precedent to reduce the scope of—or even invalidate—Title IX?...
Another name absent from the list of signatories was Frankfurter Professor of Law Alan M. Dershowitz, who has been an active opponent to the Solomon Amendment since he urged the University to file its own lawsuit against the government last October.
“This is a First Amendment case, and South Dakota v. Dole doesn’t control this because that wasn’t a First Amendment case. All the First Amendment precedents are firmly on our side,” Greenfield said.