Explore The NRA Universe Of Websites

APPEARS IN News

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.

 

 

TRENDING NOW
California: Governor Newsom Signs Anti-Gun Bills into Law

Friday, October 11, 2019

California: Governor Newsom Signs Anti-Gun Bills into Law

Earlier today, Governor Newsom signed the seven anti-gun bills listed below into law.  

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

News  

Sunday, October 13, 2019

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

Ed Stack, the CEO of Dick’s Sporting Goods, wants you to know he’s committed to keeping AR-15s “off the street.” But he’s also committed (for the time being) to selling other types of firearms.

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Monday, October 14, 2019

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Prior to the October 13 deadline, Governor Newsom signed the final anti-gun and anti-hunting bills, AB 1254 and SB 172 into law.  

Number of Concealed Carry Permit Holders Increased Again

News  

Sunday, October 13, 2019

Number of Concealed Carry Permit Holders Increased Again

Last week, economist John Lott of the Crime Prevention Research Center released “Concealed Carry Permit Holders Across the United States: 2019,” his annual report on the number of concealed carry permit holders in the U.S.

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

News  

Friday, October 4, 2019

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

Last week, a retired Tulsa, Oklahoma law enforcement officer testified in a Congressional hearing that she “would not comply” if Congress passes a ban on firearms. Her bold assertion earned her national media attention and ...

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

News  

Sunday, October 13, 2019

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

Virginia’s anti-gun politicians are serious about attacking law-abiding gun owners, but are indifferent about actual gun crime. As highlighted in a recent report in the Washington Free Beacon by Stephen Gutowski, the Virginia Department of Justice Services ...

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

News  

Friday, September 27, 2019

Virginia Police Chief Advocates Ban on All Guns at U.S. House “Assault Weapons” Hearing

On Sept. 25, the Democrat-led U.S. House Judiciary Committee held a 3 ½ hour “hearing” entitled “Protecting America From Assault Weapons.” That framing of the issue underscored the erroneous notion that Americans need protection from ...

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

News  

Sunday, October 13, 2019

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

The Nov. 5th election may be the most consequential ever for our Second Amendment rights in the Commonwealth. That’s because every seat in the Virginia House of Delegates and Senate is up for grabs and gun control ...

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

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.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.