This is What Red Flag Laws Will Do To America
by KrisAnne Hall, JD
Red Flag Laws are not only an infringement of an individual’s Right to Keep and Bear Arms, they are an egregious denial of an individual’s Rights to due process and property. In Texas the RedFlag-style process is being implemented even without a law being passed by the legislature. Brandon Masin, a conservative first year law student at the University of North Texas, Dallas College of Law is being subjected to RedFlag-style targeting.
Brandon is an above average student in his first semester of law school at the UNT-Dallas College of law. He is a young conservative black man, who holds firm to his rights, and is vocal about securing them. Brandon started the very first chapter of the Federalist Society at UNT-Dallas. The Federalist Society describes itself as, “a group of conservatives and libertarians interested in the current state of the legal order…founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.”
Brandon said he became concerned that the Law School was “mandating student attendance at certain guest speaker events, where the speakers were very one-sided in their presentations.” Brandon approached the college and requested that these mandated forums be open to speakers with “alternative” views – read NOT leftist, anti-gun, anti-liberty propogandists.
On November 19, 2018 Brandon was pulled aside by Kevin Robinowich, Dean of Student Affairs at UNT-Dallas and led into a meeting room with other college staff members. These staff members began to ask Brandon some very vague questions regarding any reasons he would be aware of reports against him or any conduct that might be deemed threatening. Brandon, puzzled and shocked by the inquiry denied knowing about any accusations or misbehavior. He was then asked several probing questions regarding his mental health, firearm ownership, rationale for owning and carrying a firearm, his stress at the law school environment and his daily habits and hobbies. Every time Brandon asked questions about the accuser or the exact nature of the accusation, he was told that staff members were not allowed to give him that information. Brandon said he later “looked up the Student Code of Conduct and discovered that this meeting was conducted in violation of The Student Rights Code.”
The next evening, Brandon was contacted by Adalyn Burger, Title IX Coordinator for UNT-Dallas, informing Brandon that he had been suspended based upon the allegations against him. Brandon, at this time, was completely unaware of the nature of the allegations or the person who made them. He had no way to defend himself, no way to exercise his right to due process, and is now being deprived of his purchased property - admission to the law school. He was told he would be prohibited from taking his final exams. Brandon immediately requested a meeting with members of the UNT staff, as is his right per the Code of Student Rights at UNT. Eight days later, he was given this meeting.
At the meeting of staff members which included the campus counselor and campus chief of police, Brandon said he asked why the investigations against him were being “conducted in violation of campus policy and his rights to due process.” Adalyn Burger told the staff meeting that her investigation was incomplete and that she was still in the process of gathering all of the facts so she couldn’t answer these questions. Remember, Brandon has already been suspended and is prohibited from taking his classes and final exams, even though Adalyn Burger, who is a social worker not a lawyer or detective, has not finished her “investigation” of the allegations against Brandon. Burger also refuses to answer any questions informing Brandon of the specific allegations or the person who made them, citing that privacy concerns were involved and Burger would only say the alleged threat took place “later in the day.” At this meeting Brandon presented physical evidence and witnesses that proved he was nowhere near the place referenced in the allegations at the time alleged. This evidence was flippantly dismissed by Burger with absolutely no concern or follow up. The next day, Brandon got an email from Burger telling him that she had concluded her “investigation” and that she found him guilty and that his evidence was simply “unconvincing.”
At no point has Brandon been notified of the identity of his accuser, which obviously frustrates any possibility for him to present any defense of his character or actions. Adalyn Burger’s “investigation” is filled with violations of campus procedures, Student Rights Code, and elementary due process. Yet, Brandon is the one who is deprived of his property and his rights, not Burger – the actual violator.
Brandon filed an injunction in District Court against UNT- Dallas, Burger and two other staff members. According to Brandon, the judge in District court seemed to be alarmed by Brandon’s treatment. Counsel from Attorney General Ken Paxton’s office asserted that Brandon’s injunction should be denied because not being permitted to complete his exams does not equate to “irreparable harm.” Brandon related that “the Judge admonished the AG representative for his flippant approach and threatened to grant Brandon’s injunction.” The Texas Attorney General’s office was forced by the judge to stipulate that Brandon can take his final exams pending an appeal of social worker Burger’s determinations.
Although Brandon is still officially suspended from the school and banned from being on the law school campus, he is taking his final exams at a location on the UNT-Dallas campus with a law school proctor. Brandon is escorted by Dallas Police and searched like a criminal everywhere he goes on campus. Burger told Brandon that if we wants to come back to campus, he can agree to take anger management classes, create a power point presentation about the violent nature of his actions and what he will do to be a “better person,” along with a few other “conditions” akin to an admission of guilt.
Brandon still has had no opportunity to have his witnesses be heard in his defense. He still has had no opportunity to face his accuser(s). He has still had no opportunity to present evidence of his innocence. Despite the Board of Regents being appointed by conservative Governor Greg Abbot, The University of North Texas – Dallas is apparently a “Rights Free Zone” where students are guilty with no opportunity to be heard.
This what life will be like in America with the Red Flag Laws; mere accusations equate to guilt until proven innocent… if you are allowed. These Red Flag Laws will be used to created unfettered political, personal, and professional witch hunts conducted upon individuals with absolutely no accountability and no defense. Denial of the rights of due process, property and the basic principles of liberty that make America unique are completely destroyed with these draconian laws. The irony of Brandon’s story is that Texas doesn’t even have Red Flag Laws yet. But I guess the UNT-Dallas didn’t want to wait for actual legislation to attempt to destroy this man’s life. I wonder what the American Bar Association has to say about a future law school that stands idly by and allows its students to be deprived of the basic tenants of legal and civil rights.
If the University of North Texas – Dallas and its College of Law is a public school governed by a Board of Regents appointed by Governor Abbot, then shouldn’t the Governor get his administration under control? If an assistant attorney general in conservative Ken Paxton’s office is so flippant about due process, shouldn’t Mr. Paxton find more dedicated and principled staff? Texas elected these leaders to hold these kind of Marxist subversives accountable. Surely this is not the kind of University Governor Abbot and the people of Texas want as an example of Texas education. Is this the kind of precedent any American wants to establish?
Everyone one reading this article, whose heart is stirred for Brandon, whose passion for Liberty is ignited by this disgraceful story of injustice needs to call Governor Greg Abbot and Attorney General Ken Paxton right now and demand he get this college back on course with true principles of liberty and due process.
Contact Governor Abbot: 512-463-2000
Contact AG Ken Paxton: 512-463-2100
Send them this article in an email, on Facebook, & Twitter.
Tag them in a picture of Brandon on Instagram along with the injustice against Brandon. We must stand in defense of Liberty WITH Brandon, or one day we will stand alone.