102 Iowa L. Rev. 2109 (2017)

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Abstract

Despite college communities’ overwhelming opposition to firearms on campuses, states are continuing to pass legislation forcing public higher education institutions to permit the secret carrying of firearms inside academic buildings and classrooms at an alarming rate. Many students, faculty, and administrators believe the presence of firearms will stifle their First Amendment right to free speech and academic freedom, as the mere presence of firearms will create an uncomfortable learning and working environment. Additionally, it will make some professors and students more reticent to discuss controversial and sensitive issues out of fear that heated debates could become violent. On the other hand, campus carry proponents maintain they have a Second Amendment right to carry a firearm for selfdefense. Thus, the campus carry issue raises two competing constitutional claims. This Article is one of the first to posit that the First Amendment rights to free speech and academic freedom trump the Second Amendment right to bear arms in the campus carry context. In making this case, Part II identifies the states with campus carry laws and shows how there is a frightening trend toward arming campuses. Part III cogitates several First Amendment challenges that could be mounted against this legislation. Part IV contemplates the Second Amendment argument that individuals have a right to carry on campus for self-protection. Part V explains why the First Amendment claim should prevail. Finally, Part VI provides guidance on how to survive on an armed campus.