Why The Fifth Circuit Killed Campus Carry Challenge And Why It Ends There
By Tom Knighton
By now, you’re all aware that the Fifth Circuit has killed the challenge to campus carry. This is fantastic news, and not just for Texans. The decision comes in the immediate aftermath of a lower court decision in Georgia, and it represents an important point in the battle over campus carry.
To be clear, though, this challenge was just stupid. I mean, seriously stupid.
You see, the argument was on First Amendment grounds. The professor claimed that allowing firearms in classrooms violated her First Amendment rights. And it was smacked down. Hard.
Over at the Volokh Conspiracy, they go into why this challenge lost.
I think the result is right, but I think Glass should have lost even if the Court had held that she had standing to bring her challenge: There is just no First Amendment right to whatever crime prevention techniques a judge can find to be valuable for protecting speakers.
There is a First Amendment right not to be stripped of normal protections because of what you say, or even because you are a speaker: If the government were to, for instance, refuse to provide police protection to certain kinds of political rallies, that would be unconstitutional. But here …Read the Rest
Source:: Bearing Arms