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Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed handguns on campus. The case is Glass v. Paxton. 

In a filing with the court, one of the professors claimed that the presence of armed students in their classrooms would impede their “ability to create a daring, intellectually active, mutually supportive, and engaged community of thinkers.” The court, however, noted the plaintiffs did not specify what subject matter or point of view they expected to be suppressed. Instead, the judge wrote, they appeared to claim that they would censor their own opinions for fear that an armed student would harm someone. 

Yet the judge stated that the professors’ “subjective fear” that an unnamed, unknown student would be moved to future violence because of a differing opinion was based on “mere conjecture.” The judge accordingly ruled that the plaintiffs had not articulated enough of an injury for the court to have standing to hear the case.  Stripped of its legal jargon, Thursday’s ruling basically states that the professors’ own rank biases against law-abiding concealed carriers does not constitute a legally addressable injury.     

Because the judge ruled that the plaintiffs did not have standing, he did not opine on the substance of their novel First and Second Amendment claims. We had discussed the implausibility of those claims at length in a prior article on the case. It’s particularly notable that the learned professors hoped to convince the court that the Second Amendment itself REQUIRES the university to BAN law-abiding students from possessing firearms on campus. 

Stripped of its legal jargon, Thursday’s ruling basically states that the professors’ own rank biases against law-abiding concealed carriers does not constitute a legally addressable injury. The UT professors bootstrapped their claims essentially by insisting that their own irrational prejudice of lawful concealed carriers was so acute that it would cause the professors to avoid expressing opinions they themselves believed would be offensive. The court in this case wisely chose not to entertain or dignify this self-delusion.

This makes sense. Campus carry is hardly a new or isolated phenomenon, and there is no evidence (or intuitive force) to support the idea that differences of academic opinions will lead otherwise law-abiding carriers to suddenly become violent toward classmates or instructors. Indeed, as economist and former university instructor John Lott recently reiterated, concealed carry permit holders are among the most law-abiding of Americans. It’s ironic that a group of professors supposedly taking a stand for academic freedom did so with such a paucity of empirical or evidentiary support and on such highly emotional grounds. 

Unfortunately for the Constitution and for whatever legitimacy remains in higher education, Thursday’s ruling may not be the end of the case. The plaintiffs could still ask the judge to clarify or reconsider his decision or appeal it to a higher court. Considering their unique legal claims, we don’t expect the professors will be deterred from doing so by the sound legal reasoning of the judgement against them.

 

 

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Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

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Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

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Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

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Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

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Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

News  

Tuesday, July 17, 2018

NRA Endorses State Senator Leah Vukmir for U.S. Senate in Wisconsin

FAIRFAX, Va. – The National Rifle Association Political Victory Fund (NRA-PVF) is proud to announce its endorsement of state Sen. Leah Vukmir in the 2018 Republican U.S. Senate Primary in Wisconsin.

Too Young or Too Old... To Own a Gun?

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Friday, July 6, 2018

Too Young or Too Old... To Own a Gun?

A common theme among anti-gun extremists is what we often refer to as the “Goldilocks” approach to limiting access to firearms by law-abiding citizens.  Rather than admit that the ultimate goal is to disarm all ...

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

Hunting  

Friday, July 13, 2018

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.