Texas Blocks Campus Carry Lawsuit

A unanimous three-judge panel last week rejected a lawsuit by three University of Texas professors who do not want legal concealed carry in their classes.

The panel for the 5th U.S. Circuit on Thursday upheld Texas’ campus carry law, affirming a lower court ruling from last July. The judges found the professors could not prove their case, which largely centered on First Amendment grounds. The faculty members, three female liberal arts professors whose classwork sometimes touches on controversial subjects such as abortion and unwanted pregnancies, argued the carry of guns in their classes would chill open and frank discussion, thus hindering their right to free speech.

The professors include Dr. Jennifer Lynn Glass, the Barbara Bush Professor of Liberal Arts; Dr. Lisa Moore, the Archibald T. Hill Professor of English and Women’s and Gender Studies; and Dr. Mia Carter, an associate professor of English and Modern Studies. The professors filed suit against the state just weeks before the new campus carry law was to take effect in 2016 arguing that, since they cannot exercise their individual option to forbid handguns in their classrooms under the “well-regulated” clause of the Second Amendment, their due process and equal protection rights are being trampled in addition to squelching their freedom of speech.

In writing for the majority, Judge Leslie Southwick, a former Mississippi Court of Appeals judge appointed to the federal bench in 2007 by President George W. Bush, concurred with the earlier court that Glass did not have standing and “cannot manufacture standing by self-censoring her speech based on what she alleges to be a reasonable probability that concealed-carry license holders will intimidate professors and students in the classroom.”

He was joined in the ruling by Judges Carolyn Dineen King, a 1979 appointment by President Carter, and James Ho, who came to the bench this year after a career with the Justice Department through an appointment by President Trump.

Texas Attorney General Ken Paxton, named as a defendant in the suit which he previously described as being frivolous, praised the news from the court.

“The lawsuit was filed because the professors disagreed with the law, not because they had any legal substance to their claim,” Paxton said in a statement. “The right to keep and bear arms is guaranteed for all Americans, including college students, and the 5th Circuit’s decision prevents that right from being stripped away by three individuals who oppose the law enacted by the Legislature.”

Similarly, a Georgia court last week sided with the state in a lawsuit brought by a group of university professors seeking to suspend the state’s campus carry practices.

source: guns.com

  • GomeznSA

    A couple of points that these ‘professors’ are ignoring 1) concealed means just that, how would they know if any of their students are carrying? 2) if their course material is THAT divisive, perhaps they need to find a better way to state their positions. And finally, what would – or will – prevent an angry student from going off – including coming back later to take out their anger? The other alternative is to quit indoctrinating er um ‘teaching’ – or go to a place where they can ‘feel’ safe.

    • Steven Earle

      When ever has a gun free zone stopped some nut job from a mass shooting attack? Lefts argument is totally invalid and only a leftist attempt to deprive American citizens the right of self defense. No mistake what they want is European style total gun confiscation..

  • GRA

    I hope all three rot in hell.

    • MASR53

      How loving and tolerant you are, GRA

      • GRA

        I agree. My tolerance and compassion for those that truly deserve it have no ends. These fools deserve none of it at all.

  • Alan404

    How

  • Alan404

    How exactly would the professor’s freedom of speech be endangered or limited other than by their own actions, their refraining to speak, given a law abiding student choosing to, as allowed by law, carrying on or about this person, a concealed handgun? Seems that that question was unanswered by the professors?

  • Brabado

    Liberal, Socialists, Leftists and Stealth Communists on Campus as scared shit-less of anyone defending their Constitutional Rigth and carrying a Gun… All of them are born Card-Carrying Cowards… Much like Soros and the DNC ANTIFA… they want their victims, “unarmed”!

    Just look what happens to Countries that Ban Guns from the population… They become salves.. Just what these born losers want.
    — I.E. Why do Body Guards protecting Corrupt Liberals like Obama, Schumer, Criminal Hillary Clinton, Pelosi, Pocahontas, Sanders, Sniff, “The Face” Maxine Waters, and the rest, of those thugs, don’t turn in their Guns???? Cowards!

    GOD BLESS AMERICA AND PROTECT OUR 2ND ADMEWNDMENT RIGHT FROM ALL THESE LIBERAL CRIMINAL THUGS!

    Semper fi

  • Dale

    Constitutional decision! Thank you judges for following your oaths.

  • Proudvietvet58

    How can any SANE person NOT want some form of protection after what happened to Mollie Tibbett?? Her body was found in the country side in a corn field. An only child that may have been spared if she had been carrying a weapon for self protection. We have a Second Amendment for a reason! USE IT!

  • Donald Baker

    Now it is time for the state to go after these left wing snowflakes in court to recover the costs of their frivolous lawsuit