Did you know that wearing an empty holster on your belt on campus could be viewed as controversial?

Two years ago, Clayton Smith, an engineering major at Tarrant County College, discovered that an attempt to organize an "empty holster protest" on his campus would result in a lawsuit over first amendment rights. Empty holster protests are a popular activism idea for students advocating to end concealed weapons bans on campus in the aftermath of the Virginia Tech massacre in 2007. Click here to learn how to bring one to your campus.

Last week, Campus Reform spoke with Smith to get his perspective on the free speech battle being fought at TCC in Texas.

After transferring to Tarrent County College, Smith decided to bring an empty holster protest to campus. He wanted to participate in  a national protest planned at more than 600 campuses nationwide in April 2008. Previously Smith had been a member of Students for Concealed and Carry on Campus at the University of Texas-Austin and wanted to start a chapter at his new school.

Careful to follow school policies, he and fellow student John Schwertz, were told that they could only hold the protest in a "free speech zone," which according to the a FIRE press release is a "twelve foot circle of concrete," but they were not permitted to wear the empty holsters.

Feeling that this infringed on their constitutional rights, Smith and Schwertz appealed but were repeatedly denied the option of holding a campus-wide protest. This was the second year that TCC had banned an empty holster protest despite complaints.  

This November, with the help of the Foundation for Individual Rights in Education,  the students filed a lawsuit against Tarrant County College in response to limiting their free speech by restricting the time and place of the protest, where they could pass out fliers and even the option of wearing an empty holster on campus.

"We want to get rid of the free speech zones," explained Smith. "We want to get the policy changed."

On Friday, November 6, a judge issued a temporary restraining order in time for Smith and Schwertz to hold an empty holster protest during Second Amendment National Defense Week.

"The temporary restraining order is a pretty big victory for all colleges students," continued Smith. "[This] is a warning for all college students to express their views as I have fought for them."

Ultimately, the pair hope that the judge strikes down the free speech zone policy and are awaiting further court proceedings.

When asked about the reaction on campus, Smith replied that all of his professors, "unanimously supported our free speech efforts." He also advised other college students going through similar fights to "keep going and don't quit. Eventually, you will get attention."