Texas Campus Carry Law Upheld by Federal Court

Several University of Texas at Austin professors say they will ask the U.S. Supreme Court to review the legality of the Texas Campus Carry law, which was passed in 2015 and took effect the following year, News Radio 1200 WOAI reports.

This after the Fifth Circuit Court of Appeals rejected the professors' arguments that the law violated their First Amendment rights to free speech.  The professors have argued that open discussion in the classroom would be stifled by the knowledge that a student in the classroom may have a gun, and could become so angry that the student could open fire.

There has never been any confirmed incident of this happening in the more than two years since Campus Carry took effect.

Supporters of Campus Carry say their right to carry a gun for self protection doesn't end at the campus border.  

When the law was implemented, the state allowed campuses wide discretion to ban guns in professors' office, laboratories, places where children gather like day care centers, and places where grievances and hearing are conducted.

The Fifth U.S. Circuit Court of Appeals agreed with the lower court in dismissing the lawsuit, claiming that the professors had offered no 'evidence to substantiate their fears.'

Attorney General Ken Paxton praised the ruling, saying the professors filed the lawsuit simply because they don't like the new law, not because 'they have any legal substance to their claim.'

The Appeals Court said if the professors stifle their classroom comments out of fear of gun violence, that amounts to 'self censorship' which is not protected under the First Amendment.

Campus Carry is not in effect at private colleges like Trinity University or Baylor University because those campuses are considered to be private property, and Campus Carry specifically allows private property owners to make the final decision on whether guns will be allowed.

The U.T. professors claimed that exception discriminates against public universities.


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