This is very disturbing news from SCOTUS (and is further proof that the traditional conservative/liberal labels are worthless when describing how justices vote, since even the so-called liberals voted for this decision).
I think though that the one thing that hasn’t changed
Free to voice disapproval
Roberts said that â€œa military recruiterâ€™s mere presence on campus does not violate a law schoolâ€™s right to associate, regardless of how repugnant the law school considers the recruiterâ€™s message.â€
Roberts, writing his third decision since joining the court, said there are other less drastic options to protest the policy.
â€œStudents and faculty are free to associate to voice their disapproval of the militaryâ€™s message,â€ he wrote.
â€œRecruiters are, by definition, outsiders who come onto campus for the limited purpose of trying to hire students â€” not to become members of the schoolâ€™s expressive association,â€ he added.
Students and faculty are free to voice their disapproval of the military’s message and it is high time that they do so. In fact, I would go a step further and say it is time for law school administrations to voice their disapproval of the military’s message, and may even be time for colleges and universities to turn down federal funds (and instead seek private or state funding).
And it may even be time for students to exercise civil disobedience, to disrupt events in which military recruiters are on campus. I know that some will argue that I am suggesting that the free speech rights of the military should be abridged, but traditionally there has been lawful regulation of commercial speech. In this case of course the military is pitching jobs, so I think this isn’t truly (at least in the philosophical sense) a free speech issue, particularly when the military is not just pitching jobs but rather is pitching slavery and killing. Let’s be frank about it. No other employer in America is allowed to hold employees in 8+ year contracts, in which the employee has little or no civil rights, and may even be forced to kill and even torture fellow human beings.
We may have lost this court battle but the struggle for equality and military-free campuses is not over by a long shot.