Explore The NRA Universe Of Websites

APPEARS IN News

Academic Freedom Survives Campus Carry Law Despite Self-Inflicted “Chilling” of Speech

Friday, August 30, 2019

Academic Freedom Survives Campus Carry Law Despite Self-Inflicted “Chilling” of Speech

Back in 2016, Dr. Jennifer Lynn Glass, Dr. Lisa Moore and Dr. Mia Carter, all professors at the University of Texas at Austin (UT), sued the university and the State of Texas over a 2015 law that allowed certain license holders to concealed-carry handguns on public college campuses.

The main argument advanced by the three academics was that the law (and the UT policies implementing the law) violated their free speech rights. “Compelling professors at a public university to allow, without any limitation or restriction, students to carry concealed guns in their classrooms chills their First Amendment rights to academic freedom.” The professors, as part of their teaching responsibilities, engage in classroom discussions of “controversial, emotionally-laden topics.” As alleged in their complaint, though, the possible presence of any of the less-than-one-percent of UT students licensed to carry would make it “inevitable” that the professors would “have to pull back, consciously or sub-consciously, at important junctures in classroom exposition and discussion” due to their fear that a more robust and unrestrained debate would incite “violent classroom action with a gun.” More broadly, the professors claimed that simply the possibility of a lawfully-carrying student being in the classroom “would jeopardize the community of trust and be destructive to the dynamic educational process” for educators and students alike.

The court of first instance refused to grant the preliminary injunction sought by the plaintiffs, on the basis that their First Amendment claim was meritless:

The court has searched the jurisprudence of this country from the ratification of the Constitution forward and has found no precedent for Plaintiffs’ proposition that there is a right of academic freedom so broad that it allows them such autonomous control of their classrooms – both physically and academically – that their concerns override decisions of the legislature and the governing body of the institution that employs them. 

The claim fared no better by the time the litigation reached the U.S. Court of Appeals for the Fifth Circuit. The appellate court confirmed that the plaintiffs lacked standing to bring their challenge because the harm they attributed to the state law and UT policies was, in essence, an unrelated, “self-imposed censoring of classroom discussion caused by their fear of the possibility of illegal activity” by students or others, where “none of the cited evidence alleges a certainty that a license-holder will illegally brandish a firearm in a classroom.” Accordingly, the plaintiffs failed to establish the necessary violation of their rights or interests, one that was directly connected to the government action at issue.  

The plaintiffs continue to be listed as UT’s faculty and staff. However, a source that contacted the plaintiffs for their reactions, now that three years have passed since the lawsuit, reports that Dr. Carter “did not respond to multiple requests for comment;” Dr. Moore stated, “I’m not able to help, I’m sorry,” without further explanation; and Dr. Glass declined to comment or respond to “followup questions regarding the campus climate and whether or not guns had had any effect on it over the past few years, inside or outside the classroom.”

As academics, all three plaintiffs presumably share fundamental professional values on the empirical differences between opinion and fact, belief and evidence. Indeed, Professor Carter specifically professed, as part of the lawsuit, that her “pedagogic approach emphasizes dialogue and debate and the critical examination of one’s own ideas and others’ beliefs.” It is puzzling that they have refused to comment on the actual fallout of the 2015 law, or acknowledge that allowing law-abiding students to carry on campus has not – contrary to dire predictions – extinguished the free exchange of ideas or otherwise oppressed the university’s educational mission.

In the end, what is more obvious than ever is that the only “chilling effect” of the law on academic speech is nothing more than a self-inflicted silence resting on irrational prejudices about lawful concealed carriers.

 

TRENDING NOW
U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

News  

Monday, June 22, 2026

U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

On June 18, the U.S. Supreme Court issued an opinion which unanimously narrowed the scope of 18 U.S.C. § 922(g)(3), which bans firearm acquisition or possession by anyone who is an “unlawful user” of a ...

Anti-Gun Municipalities Double-Down When Policies Are Challenged

News  

Monday, June 22, 2026

Anti-Gun Municipalities Double-Down When Policies Are Challenged

Why is it that, after being told their gun laws are unconstitutional, so many areas under control of anti-gun extremists seem to respond with something along the lines of, “Oh yeah?  Watch what we do next!” 

California: Anti-Gun Bills Advance, More Scheduled Next Week

Wednesday, June 17, 2026

California: Anti-Gun Bills Advance, More Scheduled Next Week

Anti-gun legislation continues advancing in Sacramento. This week, the Senate Public Safety Committee advanced Assembly Bills 1743 and 1753, while postponing consideration of AB 1810, the FFL Killer Bill, until June 23. On that same ...

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Thursday, June 18, 2026

Massachusetts: Sunday Hunting Back on the Table, TAKE ACTION NOW!

Yesterday, after immense pressure from sportsmen and women across the state, the provisions regarding Sunday hunting, crossbow hunting, and archery setbacks that were stripped from the House budget were added back to a bond bill. 

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Up Next for DOJ’s Second Amendment Section: Philadelphia

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

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.