Why the Supreme Court was Wrong About the Solomon Amendment

Authors

Erwin Chemerinsky, Duke Law SchoolFollow

Abstract

The Supreme Court in Rumsfeld v. FAIR abandoned basic First Amendment principles. The decision cannot be reconciled with other cases concerning freedom of speech and association. Indeed, if followed, Rumsfeld v. FAIR sets a disturbing and dangerous precedent.

Citation

Erwin Chemerinsky, Why the Supreme Court was Wrong About the Solomon Amendment, 1 Duke Journal of Constitutional Law & Public Policy 259-278 (2006)
Available at: https://scholarship.law.duke.edu/djclpp/vol1/iss1/4