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+Framework |
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+First, ethical theories that create moral rules without having referents in the current social context fail to analyze asymmetries in discrimination. Mills |
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+Mills, C. W. (2009), Rawls on Race/Race in Rawls. The Southern Journal of Philosophy |
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+Now how can |
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+AND |
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+history of discrimination. |
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+ |
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+An equal system of rights is the only just system and is a pre-requisite to any other political theory. Sen |
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+Amartya Sen Thomas W Larmont University Professor and Professor of Economics and Philosophy at Harvard University. "The Idea of Justice." Penguin Publishing. 2010. Print AJ |
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+Equality was not |
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+AND |
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+would respectively matter.† |
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+ |
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+Thus the standard is minimizing oppression |
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+ |
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+A. Advocacy Framing |
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+Only balancing free speech against the rights of victims promotes equality for all. Scott 94: |
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+Catlin 94, Scott J. Catlin, “Proposal for Regulating Hate Speech in the United States: Balancing Rights under the International Covenant on Civil and Political Rights”, 69 Notre Dame L. Rev. 771 (1994). http://scholarship.law.nd.edu/ndlr/vol69/iss4/4 |
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+The belief that |
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+AND |
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+rights of each. 196 |
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+ |
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+The negative advocacy is that the public colleges and universities ought to restrict hate speech through specifically delineated speech codes. Hemmer further explains |
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+Hemmer 2K, Joseph J. Hemmer, Jr. (Professor and Chairperson of the Communication Department, Carrol College , Waukesha, Wisconsin). “Hate Speech Codes: A Narrow Perspective.” North Dakota Journal of Speech and Theatre. Sep 2000, Vol. 13, p21. http://www2.edutech.nodak.edu/ndsta/hemmer.htm |
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+Any potentially acceptable |
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+AND |
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+victim’s self-image (Owsley, 1992-1993, 331). |
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+ |
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+A. Direct Harms |
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+Hate speech imposes major long term psychological impacts on its victims Delgado |
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+Delgado 82, Delgado, Richard (University of Alabama School of Law), “Words that Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling”. Harvard Civil Rights-Civil Liberties Law Review, Vol. 17, p. 133, 1982; Seattle University School of Law Research Paper. https://ssrn.com/abstract=2000918 |
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+In addition to the harms |
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+AND |
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+accept those judgments.76 |
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+ |
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+Empirics prove. Hate speech causes hate crimes. Singh |
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+Hansdeep Singh, 9-6-2012, "The Rise of Hate Crimes Can Be Tied Directly to Hateful Speech," Daily Beast, http://www.thedailybeast.com/articles/2012/09/06/the-rise-of-hate-crimes-can-be-tied-directly-to-hateful-speech.html" Co-Founder and Director of Legal Programs for the International Center for Advocates Against Discrimination (ICAAD). |
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+ statistics provide a consistent |
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+AND |
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+“othering” of minority communities. |
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+ |
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+A. Structural Harms |
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+Unlike other legally limited speech, hate speech harms a select segment of the population who is already disadvantaged Matsuda 1: |
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+Matsuda, Mari J. "Public Response to Racist Speech: Considering the Victim's Story." Michigan Law Review 87.8 (1989): 2320-381. JSTOR. Web. 8 Dec. 2016. |
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+Unlike the victims |
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+AND |
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+more grossly violated. |
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+ |
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+Allowing for hate speech throws state power and authorization behind racist and abhorrent policies and elevates the speakers above the targets Matsuda 2: |
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+Matsuda, Mari J. "Public Response to Racist Speech: Considering the Victim's Story." Michigan Law Review 87.8 (1989): 2320-381. JSTOR. Web. 8 Dec. 2016. |
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+The third doctrinal |
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+AND |
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+self-aware victim acknowledges it.1 |
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+ |
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+Hate speech poses a direct threat to the oppressed. Banning it is necessary to promote inclusiveness. |
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+Jared Taylor summarizes Waldron, 12, Why We Should Ban “Hate Speech”, American Renaissance, summarizing Jeremy Waldron, The Harm in Hate Speech, Harvard University Press, 2012, 292 pp., 26.95. 8/24/12, http://www.amren.com/features/2012/08/why-we-should-ban-hate-speech/ **Note – Taylor does not agree with but is summarizing Waldron’s position //LADI |
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+First-Amendment guarantees |
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+AND |
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+drive out minorities. |