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
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

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

Friday, July 12, 2024

New Hampshire: Critical Pro-Gun Privacy Bill Signed Into Law

On Friday, July 12th, Governor Chris Sununu (R-New Hampshire) signed HB 1186, "an act relative to firearm purchaser's privacy."

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

New Orleans Tries an End-run around Constitutional Carry

News  

Monday, July 8, 2024

New Orleans Tries an End-run around Constitutional Carry

Louisiana Governor Jeff Landry (R) assumed office on January 8 of this year and wasted no time working to protect the Second Amendment rights of law-abiding Louisianans. 

The UN’s Circle of Life

News  

Monday, July 8, 2024

The UN’s Circle of Life

The United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons In All Its Aspects (PoA) is now almost 23 years old.

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

News  

Monday, July 8, 2024

Crime Prevention Research Center: Carry Laws Don’t Increase Gun Theft, Decrease Police Effectiveness

Gun-control groups campaign against right-to-carry laws by claiming that guns carried in public pose a substantial threat to public safety, and that concealed carry permitting laws lead to more violent crime, not less.

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

News  

Tuesday, July 2, 2024

NRA Files Legal Challenge to California’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Second Amendment Foundation, Firearms Policy Coalition, and California Rifle & Pistol Association, filed a lawsuit challenging California’s 11% excise tax on gross ...

Bob Barr Elected NRA President, Doug Hamlin Elected to Serve as NRA Executive Vice President & CEO

News  

Monday, May 20, 2024

Bob Barr Elected NRA President, Doug Hamlin Elected to Serve as NRA Executive Vice President & CEO

Today, the Board of Directors of the National Rifle Association of America elected former U.S. Congressman Bob Barr as President of the NRA and Doug Hamlin as NRA Executive Vice President & CEO. The meeting ...

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

News  

Thursday, May 30, 2024

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

The National Rifle Association of America (NRA) scored a historic legal victory today in one of the most closely followed First Amendment cases in the nation. In a stinging rebuke of New York’s “blacklisting campaign” against ...

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.