BACK TO NACUANOTE

FN21.  Id. at 243-244.  The majority also held that, even if recruiting students was conduct, the O’Brien standard would not permit Congress to regulate that conduct. Id. at 244-46.  The Third Circuit found that “the military has ample resources to recruit through alternative means,” suggesting “loan repayment programs” and “television and radio advertisements” as examples. Id. at 234-35.