chasfm11 wrote:Perhaps Steve is correct. To a point, a teacher must be able to control their class room environment so that a proper learning environment can be maintained. But as TAM has pointed out, that doesn't mean that they can carry that control to the point of dictatorship. If I don't act or appear in a manner that disrupts the class, the good professor cannot excuse me from attending, regardless of what his personal feelings are. He cannot ask me questions that infringe my personal freedoms.
In most colleges, he can bar you from class for any or no reason. Most professors don't do this without cause, and I doubt sincerely that the school would back him up in the long run if he did bar you without cause, but try disagreeing with a professor about some point and see what happens. I have been pleasantly surprised by some professors who welcome disagreement (as they should) but being barred (and flunked) for disagreeing would nto surprise me.
And he can ask you any question he wants, including infringing on your rights. You are certainly correct about not being obligated to answer, though.
For example, if he asked at the beginning of each session, "anyone who is carrying a firearm, raise your hand", I'm not obligated to respond to him because his request does not trump the TPC which requires me to retain the confidentially of my weapon. He cannot examine me personally to see if he can detect a firearm on me. If, through some fluke of his scrutiny, he detected or thought he detected a weapon on me, he cannot require me to retire from the class, though I admit that such an incident might end up with campus security involved and mushroom out of control.
Here we have an interesting point on Texas law. Criminal Trespass requires simply that the person be acting with the "apparent" authority of the owners. Note that this is not the real authority, just the apparent authority. I would think the average person (read that as jury member) would say the professor is in charge of the room and could legally bar you from it, based on his apparent authority from the school to put him in charge. I would not be willing to bet on an appeals court overturning that decision of fact by the jury either.
If you follow that logic, any public business owner could do the same. The teacher should have even less right to control a building that they don't own and don't control than the owner of a supermarket does.
Business owners do have even more control. They can ask you and bar you for refusing to answer. They can bar you for wearing the wrong color of clothing. They can bar you for carrying a gun if they want. The sole question would be how much apparent authority a professor has.
And for all who posted, I agree that the point of concealed means concealed is of overall importance in cases like this. My point in posting that this is legal was that we might want to make sure there is no such loophole in our laws. Do we want to amend the proposed bill (probably not now) or change the law next session (my suggestion - gives us time to look at how to address this)? We may need to consider some change that says neither the school nor any employee or agent of the school may adopt a policy forbidding guns. I am sure that now that we are aware of this, Charles and the other TSRA staff can figure out how to address this issue much better than I can. But I wanted to point out how we need to consider things like this also.