New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Guns on Campus; Campus Police, Safety & Crisis Management

Amicus Brief in Glass et al. v. Paxton et al. (Nov. 20, 2017)

Amicus brief by the American Association of University Professors (AAUP) and two non-profit organizations dedicated to reducing gun violence.  In this Fifth Circuit case, amici argue on behalf of Plaintiffs-Appellants that the Texas concealed carry statute, which permits concealed handguns in classrooms, infringes on academic freedom and jeopardizes institutional efforts to “provide [an] atmosphere which is most conducive to speculation, experiment and creation” by deterring faculty from prompting students to challenge each other.

First Amendment & Free Speech; Guns on Campus; Campus Police, Safety & Crisis Management; Constitutional Issues

Glass v. Paxton (W.D. Tex. July 6, 2017)

Opinion and Order dismissing Plaintiffs’ claims. In 2015, the Texas Legislature passed, and the Governor signed, a Campus Carry Law allowing concealed carry of handguns on college and university campuses. Three Professors at the University of Texas at Austin filed suit claiming that the Campus Carry Law and the University’s policy promulgated under the law would unleash a chilling effect on classroom speech. Calling the effects of the law and policy a “self-imposed censoring of classroom discussions” caused by Plaintiffs’ “mere conjecture about possible” violence by individuals not named in the suit, the court determined that Plaintiffs had not demonstrated the requisite injury-in-fact to establish standing and failed to allege that the injury was traceable to Defendants’ conduct.