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-I affirm the resolution resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. |
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-Definitions upon request…: |
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-Public colleges- U.S Legal, U.SLegal.com, https://definitions.uslegal.com/p/public-college/ |
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-Public college means "any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source."(42 USCS § 2000c) |
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-Constitutionally protected speech: |
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- I value morality. my criterion is reducing arbitrary hindrance of freedom. |
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-Prefer for 2 additional reasons: |
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-====1. Before evaluating other theories, we must understand structural violence and oppression in order to include everyone in any ethical theory. ==== |
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-Winter and Leighton 99 ~|Deborah DuNann Winter and Dana C. Leighton. Winter~|~~Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgable in the fields of social psychology, peace psychology, and ustice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 ghs//VA |
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-Finally, to recognize the operation of structural violence forces us to ask questions about |
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-local cultures, will be our most surefooted path to building lasting peace. |
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-====2. Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== |
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-Susan Opotow 01 ~~Susan Opotow is a social and organizational psychologist. Her work examines the intersection of conflict, justice, and identity as they give rise to moral exclusion — seeing others as outside the scope of justice and as eligible targets of discrimination, exploitation, hate, or violence. Sh e studies moral exclusion and moral inclusion in such everyday contexts as schooling, environmental and public policy conflict, and in more violent contexts, such as deadly wars and the post-war period. She has guest edited The Journal of Social Issues and Social Justice Research and co-edited Identity and the Natural Environment: The Psychological Significance of Nature (MIT Press, 2003). She is associate editor of Peace and Conflict: Journal of Peace Psychology and Past President of the Society for the Psychological Study of Social Issues~~, "Social Injustice", Peace, Conflict, and Violence: Peace Psychology for the 21st Centuryl Englewood Cliffs, New Jersey: Prentice-Hall, 2001, BE |
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-Both structural and direct violence result~~s~~ from moral justifications and rationalizations. |
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-oneself or one's group at the expense of others (Tajfel, 1982). |
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-==Contention 1: Arbitrariness of speech restrictions== |
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-====There is no consistency on how hate speech is defined in bans around the world—it is impossible to define ==== |
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-Malik, Kenan. "WHY HATE SPEECH SHOULD NOT BE BANNED". Pandaemonium. N. p., 2012. Web. 6 Jan. 2017. R.p |
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-In a sense, hate speech restriction has become a means not of addressing specific |
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-ideas illegitimate without bothering politically to challenge them. And that is dangerous. |
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-====Regulation of free speech in the UK leads to arbitrary power limiting civil discourse only causing more hatred and intoleration==== |
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-Kuznicki, Jason. "Attack Of The Utility Monsters The New Threats To Free Speech." Policy Analysis. November 16, 2009. Web. Jan 5, 2017 http://www.thedivineconspiracy.org/Z5237A.pdf. Kuznicki facilitated many of the Cato Institute's international publishing and educational projects. He is editor of Cato Unbound, he earned a PhD at John Hopkins university |
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-The act's third section, however, declares that "A person who uses threatening |
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-how attempts to regulate objectionable speech just open the door to arbitrary power. |
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-====Arbitrariness in speech codes have a chilling effect==== |
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-Juhan 12 |
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-S. Cagle Juhan, ~~Law Clerk, U.S. District Court for the Northern District of Alabama~~, "Free Speech, Hate Speech, and the Hostile Speech Environment," Virginia Law Review Vol. 98, 2012. |
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-Paradoxically, then, the unconstitutionality of speech codes on free speech grounds has made |
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-they cannot be assured that they will not be punished for it.73 |
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-==Contention 2: open and free contestation of ideas== |
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-====Colleges have historically been sites of open debate and contestation — this is key to diversity of thought and expanding people. ==== |
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-Maloney, Jr., Cliff. "Colleges Have No Right To Limit Students' Free Speech." TIME . October 13, 2016. Web. December 07, 2016. http://time.com/4530197/college - free - speech - zone/. |
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- In grade school, I learned that debate is defined as "a discussion |
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-in the free market of ideas. But our students are being silenced. |
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-====Empirical examples (Valdosta State and University of Delaware) show how schools crush conversation and thus free exchange of ideas before they even occur==== |
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-Trama, Zachary. "Keeping The Marketplace Of Ideas Open In Schools." Foundation for Individual Rights in Education. December 16, 2011. Web. December 05, 2016. https://www.thef ire.org/keeping - the - marketplace - of - ideas - open - in - schools/. |
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-When faced with this test, Valdosta State University failed. Hayden Barnes only wanted |
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-boundaries, and scholarship stayed inside the box. Exploratory thinking was discouraged. |
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-====Free speech is key to establish liberating tolerance which is key to having all voices heard. ==== |
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-William, Bryant. "The Counterrevolutionary Campus: Herbert Marcuse And The Suppression Of Student Protest Movements: N." Routledge Taylor And Francis. September 14, 2016. Web. December 08, 2016. http://www.tandfonline.com/doi/full/10.1080/07393148.2016.1228580?needAccess=tru e. |
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-Repressive tolerance is deployed to silence dissenters and prevent those who, by class position |
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-their voices heard, especially those that are speaking out against oppression and intolerance |
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-==Contention 3:civil discourse at universities== |
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-====Free speech zones are a way to silence citizen dialogue and halt the spread of ideas.==== |
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- Herold, Joseph. "CAPTURING THE DIALOGUE: FREE SPEECH ZONES AND THE "CAGING" OF FIRST AMENDMENT RIG HTS." Drake Law Review. July 19, 2006. Web. December 06, 2016. https://www.google.com/url?sa=tandrct=jandq=andesrc=sandsource=webandcd=1andcad=rjaandua ct=8andved=0ahUKEwiQhfLQ_d_QAhXJr1QKHYT - C54QFggdMAAandurl=https3A2F2Flawreviewdrake.files.wordpress.com2F2015 2F062Fl rvol54 - 4_herrold.pdfandusg=AFQjCNGylF863ToNNnJAsBmTjyrfgHwh2Aandsig2=3y85rrM68Mj M9sxcdzeGfA. |
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-This Note has attempted to elucidate the issues associated with determining the constitutionality of regulatory |
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-protect citizens without doing harm to their First Amendment rights guaranteed by the Constitution |
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-====Violating free speech creates an imbalance in political power.==== |
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- Kuznicki, Jason. "Attack Of The Utility Monsters The New Threats To Free Speech." Policy Analysis. November 16, 2009. Web. December 08, 2016. http://www.thedivineconspiracy.org/Z5237A.pdf. |
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-Today's would - be censors often have extreme political views. Many come from the |
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-imbalance in political power. The dynamics of this imbalance will be examined. |
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-====Regardless of restrictions, someone will always be marginalized which leads to less cultural sensitivity and greater intolerance==== |
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-Kuznicki, Jason. "Attack Of The Utility Monsters The New Threats To Free Speech." Policy Analysis. November 16, 2009. Web. Jan 5, 2017 http://www.thedivineconspiracy.org/Z5237A.pdf. Kuznicki facilitated many of the Cato Institute's international publishing and educational projects. He is editor of Cato Unbound, he earned a PhD at John Hopkins university |
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-Consider the plight of Google Maps in Japan. The popular world-mapping service |
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-to disagree. Sadly, this approach seems decreasingly popular in recent years. |
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-===Extra cards=== |
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-====Because of the subjectivity of free speech restrictions, results will always be arbitrary undermining morality and justice==== |
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-Kuznicki, Jason. "Attack Of The Utility Monsters The New Threats To Free Speech." Policy Analysis. November 16, 2009. Web. Jan 5, 2017 http://www.thedivineconspiracy.org/Z5237A.pdf. Kuznicki facilitated many of the Cato Institute's international publishing and educational projects. He is editor of Cato Unbound, he earned a PhD at John Hopkins university |
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-Canadian law is similar, but if anything, even broader. Section 13( |
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-which are not, the results are bound to look arbitrary to someone. |
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-====Ideas deemed as hateful have changed overtime—codes would have to stay up to date ==== |
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-Haupt, Claudia E. "Regulating Hate Speech-Damned if You Do and Damned if You Don't: Lessons Learned from Comparing the German and US Approaches." BU Int'l LJ 23 (2005): 299. R.p |
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-The definition of hate speech fluctuates over time. Walker provides a short overview of |
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-in Germany, on the other hand, such a debate is almost nonexistent |