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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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Saturday, April 21, 2018

Florida Alert: YETI Drops NRA Foundation

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Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

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Friday, April 20, 2018

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

Dick’s Sporting Goods took their campaign to alienate law-abiding gun owners to an extraordinary new level last week. The beleaguered retailer announced that in addition to removing certain types of semi-automatic rifles from their stores, the company ...

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

Another Group of Anti-Gun Celebrities Forms!  In Other News, The Sun Rose Today.

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Friday, April 20, 2018

Another Group of Anti-Gun Celebrities Forms! In Other News, The Sun Rose Today.

In case you were worried there were not enough anti-gun organizations working to eradicate the rights of law-abiding gun owners, a new one has formed, and it’s called NoRA.  Get it?  The name implies that the ...

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

News  

Friday, April 20, 2018

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

America, and the NRA, lost a true friend and a staunch defender of freedom with the passing of R. Lee Ermey on April 15 from complications of pneumonia. He was 74 years old. 

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

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Second Amendment  

Friday, April 20, 2018

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

Like the long-delayed coming of spring to the Mid-Atlantic, evidence is appearing that Americans are regaining their senses and reverting to an instinctual embrace of freedom after a withering barrage of some the nastiest and most ugly ...

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

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Friday, April 13, 2018

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

There is growing evidence that some of America’s financial elite want to create a world in which America’s public policy decisions emanate from corporate boardrooms in Manhattan rather than from citizens and their elected officials.  ...

Rhode Island: 19 Gun Bills to be Heard in House Judiciary Committee Tuesday

Thursday, April 19, 2018

Rhode Island: 19 Gun Bills to be Heard in House Judiciary Committee Tuesday

A marathon gun bill hearing is on tap for next Tuesday night in Providence, and NRA and local pro-Second Amendment groups are calling for all-hands-on-deck.

New Jersey: Senate Committee Approves Gun Control Bills

Wednesday, April 18, 2018

New Jersey: Senate Committee Approves Gun Control Bills

On Monday, the Senate Law & Public Safety Committee approved several gun control bills during a hearing that stretched over five hours. 

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

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Friday, April 13, 2018

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

In the wake of the Parkland, Florida, murders, there has been an unusual amount of anti-gun and anti-NRA commentary by private corporations with plenty of problems of their own.   In February, Delta announced it was ending a ...

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NRA ILA

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.