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January 26, 2020

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

The Power of the Purse: Can Congress Use it to Control Speech?
Last Featured: 12/5/2005

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The U.S. Supreme Court will soon decide the constitutionality of the Solomon Amendment, a federal law that permits the government to deny federal funding to colleges or universities if they prohibit military recruitment on campus. Law schools across the country have challenged the law, arguing that they have a First Amendment right to deny recruitment because the military openly discriminates against gay, lesbian and bisexual law students. On this edition of Justice Talking, we’re going to look at the law and Congress’ power of the purse and ask, how far can government go to impose its views, when it makes spending decisions?

David Strauss is the Harry N. Wyatt Professor of Law at the University of Chicago. Before joining the faculty, he worked as an Attorney-Adviser in the Office of Legal Counsel of the U.S. Department of Justice and as an Assistant to the Solicitor General of the United States. His current teaching interests are constitutional law, federal jurisdiction, and elements of the law.

Kent Greenfield is a law professor at Boston College. He is also the founder of the Forum for Academic and Institutional Rights or FAIR. It is an association of three dozen law schools organized to fight for academic freedom and against discrimination. FAIR has brought a lawsuit against Donald Rumsfeld contesting the Solomon Amendment. This is the case being heard by the Supreme Court.

Joe Zengerle is adjunct professor at George Mason University’s law school. He is also the executive director of the School for Legal Assistance to Servicemembers or CLAS. He is a Vietnam veteran and a former Assistant Secretary of the Air Force.

Richard W. Pombo was sworn in to his seventh term in the United States House of Representatives in January of 2005. He represents California’s Eleventh Congressional District. He co-sponsored the Solomon-Pombo amendment.

Jared Wood is a law student at Boston College. He is one of the leaders of the Coalition for Equality, a student group opposed to the Solomon Amendment on campus. The group is a plaintiff in the case that is before the Supreme Court.

Dan Sullivan is a student at Harvard Law School and was an intern for Navy JAG Corps last summer.

Tobias Barrington Wolff writes about free speech and the First Amendment and is an expert on the Don't Ask, Don't Tell policy. He is Professor of Law at the University of California at Davis and Visiting Professor of Law at Northwestern University in Chicago.

Clara Bingham is co-author of the book Class Action: The Story of Lois Jensen and the Landmark Case That Changed Sexual Harassment Law. The movie North Country is based on this book.

Rumsfeld v. FAIR
Listen to the actual arguments before the Supreme Court of Rumsfeld v. FAIR, presented December 6, 2005.

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
10 USC § 983 Full text of the Solomon Amendment
American Association of Collegiate Registrars and Admissions Officers (AACRAO)
Selective Service System
National Association of Legal Career Professionals (NALP)
Foundation for Individual Rights in Education
American Constitution Society for Law and Policy (ACS) - opinion
Findlaw's Writ - opinion
SCOTUSblog.com (on Solomon)
Free Speech in the College Community
by Robert M. O'Neil
Military Recruiting: How to Build Recruiting Skills, Get Results, Adapt to the Mission, And Sustain Success
by August T. Murray
Public Money and the Muse
by Stephen Benedict
Queer brinksmanship: citizenship and the Solomon wars: An article from: Yale Law Journal
by Amy Kapczynski
Regulation of the Entertainment Industry
The FCC's New Rules for Media Ownership
Pornography and the First Amendment