Word: free-speech
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Rosenkranz wanted the court to rule instead that the Solomon Amendment violates schools’ free-speech rights by forcing them to spread the military’s anti-gay message. But only one justice, David H. Souter ’61, seemed inclined to support FAIR’s constitutional arguments Tuesday...
...surprised that FAIR spurned the statutory argument, since Congress could just amend the law again. A Philadelphia attorney who had filed a brief supporting the government’s case, Howard J. Bashman, noted that FAIR had prevailed in the Third Circuit Court by arguing on free-speech, not statutory, grounds. Laurence H. Tribe ‘62, the Harvard professor who organized the filing of his colleagues’ friend-of-the-court brief, said their statutory argument appeared to be doomed yesterday. “It’s quite clear that the statutory exit from the constitutional...
Justice David H. Souter ‘61, a onetime Lowell House resident who provided The Crimson with two tickets to today’s oral arguments, appeared to be particularly sympathetic to FAIR’s free-speech claims. The law schools argue that the Solomon Amendment hinders their ability to transmit a message of nondiscrimination to students...
...rest of the bench expressed concerns about FAIR’s free-speech claim—except for Justice Ruth Bader Ginsburg, who seemed to be on the fence, and Justice Clarence Thomas, who never spoke...
...nine justices attended law school at Harvard. In September, the University itself filed a brief in the case supporting FAIR’s free-speech claims...