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The Solomon Amendment denies federal funds to any university that bars military recruiters because the military's "don't ask, don't tell" policy is inconsistent with the university's generally applicable nondiscrimination rules. The Third Circuit struck down the Amendment as a violation of the right of expressive association. The ACLU's amicus brief focuses on two other First Amendment principles, arguing that the Solomon Amendment is an unconstitutional form of compelled speech and viewpoint discrimination.

Status: U.S. Supreme Court rules that the Solomon Amendment is constitutional.