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What A Nice Note To End The On!


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texas-judge-turns-back-irrational-challenge-campus-carry

David French

July 7, 2017

 

Here’s a piece of judicial good news. Yesterday, a Texas trial court dismissed a court challenge to Texas’s campus carry law that was based, of all things, on the First Amendment. No, really:

 

Quote

Plaintiffs allege that “classroom discussion will be narrowed, truncated, cut back, cut off” by the allowance of guns in the classroom. One professors avers in an affidavit that the “possibility of the presence of concealed weapons in a classroom impedes my and other professors’ ability to create a daring, intellectually active, mutually supportive, and engaged community of thinkers.”

 

(Snip)

 

Fortunately, the court had little patience for the plaintiffs’ claims, striking them down on standing grounds:

Quote

Here, Plaintiffs ask the court to find standing based on their self-imposed censoring of classroom discussion caused by their fear of the possibility of illegal activity by persons not joined in this lawsuit. Plaintiffs present no concrete evidence to substantiate their fears, but instead rest on “mere conjecture about possible actions.”

 

The court thus found there was no alleged “injury-in-fact” and dismissed the case for lack of subject matter jurisdiction.

The plaintiffs’ case may be dead for now, but no doubt their fears are still very much alive. An appeal may well follow, and one hopes that a panel of perhaps more liberal judges can also discern the truth – irrational alarm is no grounds for litigation.

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