Three professors at the University of Texas at Austin filed a lawsuit Wednesday to block a new law that allows students in all state colleges and universities to carry concealed guns in classrooms.
The law, which takes effect Aug. 1, allows license holders over the age of 21 to bring handguns into classrooms and buildings at all state four-year colleges and universities.
The law goes into effect for state two-year and junior colleges on Aug. 1, 2017. Each college and university may determine its own “sensitive” areas and buildings where concealed weapons will continue to be prohibited.
Professors Jennifer Lyn Glass, Lisa Moore and Mia Carter filed the lawsuit in U.S. district court in Austin on Wednesday. They argue that the possibility of having guns on campus could stifle conversations in classrooms about controversial and sometimes emotional topics in class such as abortion and LGBT 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 lawsuit reads.
The lawsuit also cites the Second Amendment.
“The Second Amendment is not a one-way street,” the lawsuit states. “It starts with the proposition that a ‘well-regulated militia,’ (emphasis added), is necessary to the security of a free state. The Supreme Court has explained that ‘well-regulated’ means ‘imposition of proper discipline and training.'”
The lawsuit adds: “If the state is to force them to admit guns into their classrooms, then the officials responsible for the compulsory policy must establish that there is a substantial reason for the policy and that their regulation of the concealed carrying of handguns on college campuses is ‘well-regulated.’ Current facts indicate that they cannot do so.”
The professors also say the new law violates the Equal Protection Clause of the 14th Amendment, which asserts that no state shall deny to any person within its jurisdiction “the equal protection of the laws.”
The state’s concealed carry law for higher education campuses was approved last year.
In May, Students for Concealed Carry called Texas’ new concealed carry law one that is about “personal protection, not campus protection.”
“The question is whether there is justification to deny licensees on campus the same measure of self-defense they enjoy at movie theaters, shopping malls, churches and museums,” the group said.
