(g) It shall be unlawful for any person—

...

(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(A) Except as provided in subparagraph (C), [2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

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In Keyishian v. Board of Regents of the University of the State of New York (1967), the U.S. Supreme Court asserted that the college “classroom is peculiarly the ‘marketplace of ideas,’” and it has pointed to the necessity of training leaders to consider a variety of perspectives.¹ The common expectation of the college experience is one where faculty will challenge students’ beliefs and students will challenge each other. We expect that engaging tough conversations about deeply held beliefs can result in intellectual growth. But this is the type of activity that often also results in emotional responses and high tempers. Successfully navigating these stormy waters can be a challenge, and not everyone allows those conversations and challenges to take place because of the risks. Throw in the possibility that some-one is armed with a deadly weapon, and one might reasonably ask whether it is worth the potential risk to themselves or to other students.

Creating a true marketplace of ideas free from offensive language, as any professor can attest, is a challenge. There are even disagreements about the conditions that will best lead to an atmosphere that is conducive to open and honest discussion. Whatever our perspectives, there can be no doubt that, at minimum, there should not be any fear on the part of the students or faculty that they could be subject to violence or the threat of violence brought about by the use of a deadly weapon. Many have written on the overall topic of safety with regard to allowing guns on college campuses. However, not much has been said about how allowing the possession of deadly weapons can create a “chilling effect” on academic discussions. The Supreme Court has frequently used the notion of a “chilling effect” to strike down laws that potentially punish speech and that potentially keep people from expressing their views out of fear that they will have to litigate to protect their free speech rights. To the degree that allowing people to carry weapons on campus stifles open discussion, limits the marketplace of ideas, and hinders training students about engaging difficult ideas that challenge their core values, it also creates a “chilling effect.”

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