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
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

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.