Lower Court Holding
Decision of the Third Circuit U.S. Court of Appeals
The Solomon Amendment requires the United States Department of Defense to deny Federal funding to institutions of higher education that prohibit military representatives access to and assistance for recruiting purposes. Last fall, the Forum for Academic and Institutional Rights (FAIR), Inc., an association of law schools and law faculty, asked the United States District Court for the District of New Jersey to enjoin enforcement of the Solomon Amendment. The district court denied FAIR’s motion. On appeal, we hold that FAIR has demonstrated a likelihood of success on the merits of its First Amendment claims and that it is entitled to…
