NASW’s efforts to repeal the U.S. military’s Don’t Ask, Don’t Tell (DADT) policy reached a conclusion on Thursday when Federal District Court Judge Virginia A. Phillips ruled the policy to be unconstitutional.
Judge Phillips accepted the arguments of the plaintiffs: that due process rights were being denied under the Fifth Amendment, and that the First Amendment’s right to freedom of expression was chilled by DADT as well.
Full text of the decision can be found here.
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While adolescents are capable of sound decision-making in more calm and deliberative settings, the brief argues that the stress and time pressure of plea bargaining specifically undermine their ability to knowingly, intelligently, and voluntarily waive important legal rights.