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NEW ORLEANS - Attorneys for three University of Texas professors were set to ask a federal appeals court Wednesday to revive their lawsuit against a law allowing people with concealed-handgun licenses to carry weapons on public campuses.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans was hearing the arguments.

According to court filings, the professors believe the presence of guns in their classrooms could discourage open academic discussion.

Last year, a federal judge in Texas dismissed the suit. U.S. District Judge Lee Yeakel said they offered "no concrete evidence" to substantiate such concerns.

Yeakel said that, because they failed to clearly show they were harmed by the law, they had no legal standing to pursue the suit.

Attorneys for the professors - Jennifer Lynn Glass, Lisa Moore and Mia Carter - said Yeakel was wrong to dismiss the suit. In court briefs they said he had not given them sufficient opportunity to present evidence. They also said national studies and the views of national professional organizations, including the American Association of University Professors, attest to the harm guns in a classroom can do to academic freedom.

Attorneys for the state of Texas said Yeakel was correct to dismiss the suit, saying the professors' fear "is subjective and completely dependent on the acts of third parties."

There was no indication when the appellate judges would rule.

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Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 46748 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
quarter MOA visionary
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quote:
According to court filings, the professors believe the presence of guns in their classrooms could discourage open academic discussion.


One argument is that if they are concealed then how would they know to be scared in an "open academic discussion"? Confused
 
Posts: 15312 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
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Has there been a case where a CHL holder used a gun on someone who he was only mad at, not threatened by?

So far, there have been no incidents involving firearms at UT AFAIK in 2 years, or anywhere else.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 46748 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
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NEW ORLEANS — Attorneys for three University of Texas professors asked a federal appeals court Wednesday to revive their challenge of a law allowing people with concealed-handgun licenses to carry weapons on public university campuses.

Two of the professors, Lisa Moore and Mia Carter, were on the front row as a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans heard the arguments.

Last year, a federal judge in Texas dismissed the suit. U.S. District Judge Lee Yeakel said Moore, Carter and Jennifer Glass offered “no concrete evidence” to substantiate concerns that having armed students in their classroom would have a “chilling effect” on the free exchange of ideas.

Yeakel said that, because they failed to clearly show they were harmed by the law, they had no legal standing to pursue the suit.

Jason LaFond, arguing for the Texas Solicitor General’s Office, said Yeakel’s ruling should stand. He argued that the subjective fear of a student bringing a gun to the classroom doesn’t give them standing to challenge the law, he said.

“Lots of people fear flying,” LaFond told the panel. “That doesn’t mean it’s reasonable to think that a plane is going to crash.”

Renea Hicks, arguing for the professors, said they should have the freedom to control their classroom. And, he said, the law denies the professors the right to take steps against a very real danger. He mentioned campus shootings in Texas, Florida and Virginia Tech.

“We’re not asking for government protection. We’re asking for self-protection,” Hicks said. “The government won’t let them protect themselves” by banning guns from their classrooms.

He also said national studies and the views of national professional organizations, including the American Association of University Professors, attest to the harm guns in a classroom can do to academic freedom.

Judges Carolyn Dineen King, Leslie Southwick and James Ho heard the arguments. Ho appeared skeptical of Hicks’ arguments, questioning whether the law could be challenged because fear of guns might squelch free speech at a public park.

King was nominated to the appeals court by President Jimmy Carter, Southwick by President George W. Bush and Ho by President Donald Trump.

There was no indication when the appellate judges would rule.

Link




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 46748 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
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quote:
“We’re not asking for government protection. We’re asking for self-protection,” Hicks said. “The government won’t let them protect themselves” by banning guns from their classrooms.
Sure it does. If the professors feel threatened, they can carry, too!

flashguy




Texan by choice, not accident of birth

When they ask me, "Paper or plastic?" I just say, "Doesn't matter to me. I am bi-sacksual."
 
Posts: 20053 | Location: Dallas, TX | Registered: May 08, 2006Reply With QuoteReport This Post
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College professors are more likely to discourage open academic discussion than any concealed handgun.


______________________________
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quote:
Originally posted by TXJIM:
College professors are more likely to discourage open academic discussion than any concealed handgun.

^^^^ Exactly This!


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If Some is Good, and More is Better.....then Too Much, is Just Enough !!
 
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quote:


You think they would have found at least one plaintiff that didn't fit the stereoptype.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 45730 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
I believe in the
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Originally posted by jhe888:
quote:



You think they would have found at least one plaintiff that didn't fit the stereoptype.


If you are minding your own business, you won’t fit the stereotype.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 46748 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
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