A major victory for the freedom of Yale and schools across the nation from vindication of government-imposed discrimination:

The 2-to-1 decision in Philadelphia today, by the United States Court of Appeals for the Third Circuit, said the law violates the schools' First Amendment rights in two ways. Citing a 2000 decision of the United States Supreme Court that said the Boy Scouts have a First Amendment right to exclude gay scoutmasters, the appeals court said the law schools have a First Amendment right to convey a message opposing discrimination against gays by excluding military recruiters. The appeals court also said that the presence of military recruiters on campus forces universities to convey a message with which they disagree. That is a form of compelled speech, the court said, prohibited by the First Amendment. ...The government can ask the full appeals court to review the three-judge panel's decision or ask the Supreme Court to hear the case. In either case, the government may also ask for a stay of the decision. In the meantime, Mr. Rosenkranz said, colleges and universities are free to limit military recruiters' access to their campuses. "Now every academic institution in the country is free to follow their consciences and their nondiscrimination policies," Mr. Rosenkranz said. "Enlightened institutions have a First Amendment right to exclude bigots. In a free society, the government cannot co-opt private institutions to issue the government's message."