The U.S. Supreme Court case Donald H. Rumsfeld, Secretary of Defense, et al. v. Forum for Academic and Institutional Rights, Inc., et al., 2005 revolved around the issue of whether law schools could deny military recruiters access to their campuses without risking federal funding under the Solomon Amendment - a statute that requires universities receiving federal funds to give military recruiters equal access as other job recruiters on campus. The Forum for Academic and Institutional Rights (FAIR), an association of law schools and professors, argued that this violated their First Amendment rights by compelling them to support a message they disagreed with – specifically the military's "Don't Ask Don't Tell" policy which they viewed as discriminatory against LGBTQ+ individuals. However, in a unanimous decision led by Chief Justice John Roberts Jr., the court ruled in favor of Rumsfeld stating that there was no violation because Congress could directly require schools to allow military recruiting without violating any constitutional freedoms; it wasn’t about forcing institutions into expressing agreement with government speech but rather ensuring lawful conditions were met for public funding.

In the dissenting opinion for Rumsfeld v. Forum for Academic and Institutional Rights, Justice Ruth Bader Ginsburg argued that the Solomon Amendment, which requires universities to provide military recruiters with equal access as other employers or risk losing federal funding, infringes upon law schools' First Amendment rights of expressive association. She contended that by forcing institutions to facilitate recruitment efforts they morally oppose due to discriminatory practices within the military (specifically against homosexuals), their freedom of speech is violated. Furthermore, she disagreed with the majority's view that this was not a case about compelled speech because it did not force schools to say something but merely required them to allow others (military recruiters) on campus. In her perspective, compelling law schools to host military recruiting "aids" in disseminating a message they disagree with - an act tantamount to forced endorsement or sponsorship of that message.