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Court halts enforcement of law penalizing schools that bar military recruiters

Court halts enforcement of law penalizing schools that bar military recruiters

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An appeals court on Monday barred the Defense Department from withholding funds from colleges and universities that deny access to military recruiters. The third U.S. circuit court of appeals said a federal law known as the Solomon Amendment infringes on the free speech rights of schools that have limited on-campus recruiting in response to the military's ban on gays. Ruling in a lawsuit brought by students and professors at New Jersey law schools, a three-judge court panel said that the threat of a withdrawal of federal funds amounted to compelling the schools to take part in speech they didn't agree with. "The Solomon Amendment requires law schools to express a message that is incompatible with their educational objectives, and no compelling governmental interest has been shown to deny this freedom," the court wrote. By a 2-1 vote the panel overturned an earlier decision by a federal judge that the people challenging the law were unlikely to prevail at trial. Similar suits have been filed around the country, but Monday's ruling represented the first time a court had enjoined the government from enforcing the law.

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