Congress passed the Solomon Amendment (SA) in response to law schools restricting the access of military recruiters to their students because of disagreement with the government’s policy on homosexuals in the military. The SA provided that if any part of an institution of higher education denied military recruiters access equal to that provided to other recruiters, the entire institution would lose certain federal funds. The Forum for Academic & Institutional Rights, Inc. (FAIR) (plaintiff) represented a group of thirty law schools facing a loss of funding under the SA. They brought suit against Rumsfeld and the United States government (defendant) in federal district court on the grounds that the SA unconstitutionally impaired their First Amendment rights. The district court upheld the SA as constitutional, but the court of appeals reversed. The United States Supreme Court granted certiorari.