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University of Tennessee, Knoxville

2014

Sexual orientation

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A Victory In Defeat: The Implications Of Rumsfeld V. Fair On "Don't Ask, Don't Tell", Jill Shotzberger Mar 2014

A Victory In Defeat: The Implications Of Rumsfeld V. Fair On "Don't Ask, Don't Tell", Jill Shotzberger

Tennessee Journal of Law and Policy

On March 6, 2006, the United States Supreme Court decided Rumsfeld v. Forum for Academic and Institutional Rights. In this decision, drafted by Chief Justice John Roberts, the Court addressed the constitutionality of Congress (1) requiring universities to provide military recruiters with the same access to law school career services offices that the school would grant to other prospective employers and (2) withholding federal funding for the entire university if the law school failed to grant this access. The Supreme Court held that these requirements did not violate the First Amendment rights of freedom of speech and freedom of association. …