Sunday, March 21, 2010

Federal Court Strikes Down Gun Rights Protest Restrictions

Late yesterday, in a striking victory for the First Amendment on campus, a federal district court in Texas ruled that a number of restrictions on students' speech at Tarrant County College (TCC) are unconstitutional. In his decision, U.S. District Judge Terry R. Means found that TCC's reliance on a policy prohibiting "disruptive activities" to restrict students Clayton Smith and John Schwertz from holding an "empty holster" protest violated the First Amendment. Smith and Schwertz had turned to the Foundation for Individual Rights in Education (FIRE) for help. In addition to ruling that students are entitled to protest by wearing empty holsters in classrooms, hallways, and public areas of campus, Judge Means ruled that TCC's sweeping prohibition on "cosponsorship," which forbade students and faculty from holding campus events in association with any "off-campus person or organization," prevented TCC students "from speaking on campus on issues of any social importance" and was therefore "overly broad" and "unconstitutional on its face." Smith's and Schwertz's protest was designed to coincide with the efforts of a national pro-concealed carry organization, Students for Concealed Carry on Campus (SCCC)...read more

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