Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[14]
  • Caselist.CitesClass[9]

Details

Caselist.RoundClass[14]

EntryDate

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1		-2016-12-17 15:36:11.621
	1	+2016-12-17 15:36:11.0

Caselist.CitesClass[9]

Cites

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	1	+====Phenomenal introspection shows that morality requires the maximization of well-being. Sinhababu:====
	2	+**Neil Sinhababu (Associate Professor at the National University of Singapore). "The epistemic argument for hedonism." 2012. JY.**
	3	+Pleasure" here refers to the hedonic tone of experience. Having pleasure consists in
	4	+AND
	5	+favors the kind of universal hedonism that supports utilitarianism, not egoistic hedonism.
	6	+
	7	+====Rules can be justified on utilitarian grounds when case-by-case calculations lead to worse outcomes. Rawls ====
	8	+John Rawls, "Two Concepts of Rules," The Philosophical Review 64 (1955): 3-32.
	9	+Rules are pictured as defining a practice. Practices are set up for various reasons
	10	+AND
	11	+rules define a practice and are themselves the subject of the utilitarian principle.
	12	+
	13	+====And, just because the rule is justified on utilitarian grounds doesn't mean that agents are free to decide whether to follow the rule on utilitarian grounds. Rawls 2:====
	14	+Indeed, the point
	15	+AND
	16	+not open to her.
	17	+
	18	+====Thus the standard is rule utilitarianism, which means following the set of rules whose general application maximize well-being.====
	19	+
	20	+====The affirmative thesis is that any unconstitutional speech restrictions on public colleges weaken the norm of protecting free speech, thus violating the rule that maximizes benefits.====
	21	+
	22	+====Speech codes are prominent in the squo. Burleigh:====
	23	+Nina Burleigh (national politics correspondent at Newsweek). "The Battle Against 'Hate Speech' On College Campuses Gives Rise To A Generation That Hates Speech." Newsweek. 5/26/16. JY.
	24	+More than half of America's colleges and universities now have restrictive speech codes. And
	25	+AND
	26	+using the word wetback in class while explaining its use as a pejorative.
	27	+
	28	+====And, speech codes that prohibit discriminatory speech are a restriction on protected speech. FIRE:====
	29	+Foundation for Individual Rights Education (FIRE was founded in 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate). State of the Law: Speech Codes. Accessed 12/8/16. JY.
	30	+In case after case, courts across the country have unequivocally and uniformly held speech
	31	+AND
	32	+unseemly or offensive are unconstitutionally overbroad." ~~Full opinion included in Appendix.~~
	33	+
	34	+====Thus, I advocate that public colleges and universities in the US ought not restrict constitutionally protected speech.====
	35	+
	36	+====Speech restrictions cause a chilling effect that is empirically verified and causes spillover to views on the First Amendment. Lukianoff:====
	37	+Greg Lukianoff (attorney and president of Foundation for Individual Rights in Education). "Speech Codes: Alive and Well, 10 years later." Huffington Post. 10/15/13. JY.
	38	+In my 2012 book,
	39	+AND
	40	+at their ultimate peril.
	41	+
	42	+====This chilling effect is powerful and threatens campus discourse. Friedersdorf:====
	43	+Conor Friedersdorf. The Glaring Evidence That Free Speech Is Threatened on Campus. The Atlantic. 3/4/16. JY.
	44	+http://www.theatlantic.com/politics/archive/2016/03/the-glaring-evidence-that-free-speech-is-threatened-on-campus/471825/
	45	+To sum up: free speech
	46	+AND
	47	+the future will thank them.
	48	+
	49	+====The right to free speech is indivisible and speech restrictions necessarily spill over. Friedersdorf:====
	50	+Conor Friedersdorf. The Lessons of Bygone Free-Speech Fights. The Atlantic, 12/10/15. JY.
	51	+http://www.theatlantic.com/politics/archive/2015/12/what-student-activists-can-learn-from-bygone-free-speech-fights/419178/
	52	+But Professor Gale argued that
	53	+AND
	54	+battles suggest they were correct.
	55	+
	56	+====Viewing hate speech as a harm exception creates perverse incentives and justifies broad restrictions, as there is no principled way to determine what speech is harmful. Epstein:====
	57	+Richard Epstein (professor of law at NYU). "Free Speech and sexual harassment at Yale." Newsweek. 10/27/16. JY.
	58	+But the harm principle
	59	+AND
	60	+selective definition of harm.
	61	+
	62	+====Only a strong norm of content neutrality can protect marginalized voices. Speech restrictions can only solve oppression if there is a public consensus against hate speech. But weakening the norm leads to worse oppression if public opinion shifts. Gates:====
	63	+Henry Louis Gates (W.E.B. Du Bois Professor of the Humanities at Harvard University, Director of the Hutchins Center for African and African American Research at Harvard University). "Let Them Talk." The New Republic. September 20, 1993. JY.
	64	+At first blush, this is
	65	+AND
	66	+norm of content-neutrality.
	67	+
	68	+====This is empirically confirmed- speech restrictions are implemented in racist ways. ACLU:====
	69	+American Civil Liberties Union. "Hate speech on campus." Accessed 12/14/16. JY.
	70	+Aren't speech codes on college
	71	+AND
	72	+of any persons, we'll be next."
	73	+
	74	+====First, censorship kills discussion and political engagement, turning universities into left-wing bubbles. Lukianoff:====
	75	+Greg Lukianoff (attorney and president of Foundation for Individual Rights in Education). Unlearning Liberty: Campus Censorship and the End of American Debate (p. 28). Encounter Books. Kindle Edition.
	76	+Without free speech and discussion,
	77	+AND
	78	+making the problem worse.
	79	+
	80	+====Lack of critical discussion causes echo chambers, leading to epistemic closure and Trump. Kristof:====
	81	+Nicholas Kristof (NYT columnist). "The Dangers of Echo Chambers." New York Times. 12/11/16. JY.
	82	+I share apprehensions about
	83	+AND
	84	+jumped since his election.
	85	+
	86	+====Second, it undermines education and the search for truth. Free discourse is essential to knowledge generation. Speech restrictions come from epistemic arrogance. Pinker:====
	87	+Steven Pinker (professor of psychology at Harvard). "Why free speech is fundamental." Boston Globe. 1/27/15. JY.
	88	+MORE THAN two centuries
	89	+AND
	90	+doubtless including some we hold today.
	91	+
	92	+====Finally, freedom of speech guards against tyranny and must be protected in every instance. Pinker:====
	93	+Steven Pinker (professor of psychology at Harvard). "Why free speech is fundamental." Boston Globe. 1/27/15. JY.
	94	+A third reason that free
	95	+AND
	96	+of opinion in a democracy.
	97	+
	98	+====American commitment to free speech sets an example to the world. Pinker:====
	99	+Steven Pinker (professor of psychology at Harvard). "Three Reasons Free Speech Matters." Foundation for Economic Education. 2014. JY.
	100	+It may seem outlandish
	101	+AND
	102	+a worrisome development.

EntryDate

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	1	+2016-12-17 15:36:43.669

Judge

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	1	+Loren Eastlund

Opponent

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	1	+Oakwood EP

ParentRound

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	1	+14

Round

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	1	+5

Team

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	1	+Apple Valley Boals Aff

Title

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	1	+JanFeb-Stock AC

Tournament

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	1	+Blake