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
DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

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.