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... ... @@ -1,94 +1,0 @@ 1 -I affirm the resolution resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. 2 -Definitions upon request…: 3 -Public colleges- U.S Legal, U.SLegal.com, https://definitions.uslegal.com/p/public-college/ 4 -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) 5 -Constitutionally protected speech: 6 - I value morality. my criterion is reducing arbitrary hindrance of freedom. 7 -Prefer for 2 additional reasons: 8 - 9 - 10 -====1. Before evaluating other theories, we must understand structural violence and oppression in order to include everyone in any ethical theory. ==== 11 -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 12 -Finally, to recognize the operation of structural violence forces us to ask questions about 13 -AND 14 -local cultures, will be our most surefooted path to building lasting peace. 15 - 16 - 17 -====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.==== 18 -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 19 -Both structural and direct violence result~~s~~ from moral justifications and rationalizations. 20 -AND 21 -oneself or one's group at the expense of others (Tajfel, 1982). 22 - 23 - 24 -==Contention 1: Arbitrariness of speech restrictions== 25 - 26 - 27 -====There is no consistency on how hate speech is defined in bans around the world—it is impossible to define ==== 28 -Malik, Kenan. "WHY HATE SPEECH SHOULD NOT BE BANNED". Pandaemonium. N. p., 2012. Web. 6 Jan. 2017. R.p 29 -In a sense, hate speech restriction has become a means not of addressing specific 30 -AND 31 -ideas illegitimate without bothering politically to challenge them. And that is dangerous. 32 - 33 - 34 -====Regulation of free speech in the UK leads to arbitrary power limiting civil discourse only causing more hatred and intoleration==== 35 -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 36 -The act's third section, however, declares that "A person who uses threatening 37 -AND 38 -how attempts to regulate objectionable speech just open the door to arbitrary power. 39 - 40 - 41 -====Arbitrariness in speech codes have a chilling effect==== 42 -Juhan 12 43 -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. 44 -Paradoxically, then, the unconstitutionality of speech codes on free speech grounds has made 45 -AND 46 -they cannot be assured that they will not be punished for it.73 47 - 48 - 49 -==Contention 2: open and free contestation of ideas== 50 - 51 - 52 -====Colleges have historically been sites of open debate and contestation — this is key to diversity of thought and expanding people. ==== 53 -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/. 54 - In grade school, I learned that debate is defined as "a discussion 55 -AND 56 -in the free market of ideas. But our students are being silenced. 57 - 58 - 59 -====Empirical examples (Valdosta State and University of Delaware) show how schools crush conversation and thus free exchange of ideas before they even occur==== 60 -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/. 61 -When faced with this test, Valdosta State University failed. Hayden Barnes only wanted 62 -AND 63 -boundaries, and scholarship stayed inside the box. Exploratory thinking was discouraged. 64 - 65 - 66 -====Free speech is key to establish liberating tolerance which is key to having all voices heard. ==== 67 -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. 68 -Repressive tolerance is deployed to silence dissenters and prevent those who, by class position 69 -AND 70 -their voices heard, especially those that are speaking out against oppression and intolerance 71 - 72 - 73 -==Contention 3:civil discourse at universities== 74 - 75 - 76 -====Free speech zones are a way to silence citizen dialogue and halt the spread of ideas.==== 77 - 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. 78 -This Note has attempted to elucidate the issues associated with determining the constitutionality of regulatory 79 -AND 80 -protect citizens without doing harm to their First Amendment rights guaranteed by the Constitution 81 - 82 - 83 -====Violating free speech creates an imbalance in political power.==== 84 - 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. 85 -Today's would - be censors often have extreme political views. Many come from the 86 -AND 87 -imbalance in political power. The dynamics of this imbalance will be examined. 88 - 89 - 90 -====Regardless of restrictions, someone will always be marginalized which leads to less cultural sensitivity and greater intolerance==== 91 -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 92 -Consider the plight of Google Maps in Japan. The popular world-mapping service 93 -AND 94 -to disagree. Sadly, this approach seems decreasingly popular in recent years. - EntryDate
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... ... @@ -1,112 +1,0 @@ 1 -=Aff= 2 -I affirm the resolution resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. 3 -Definitions: 4 -Public colleges- U.S Legal, U.SLegal.com, https://definitions.uslegal.com/p/public-college/ 5 -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) 6 - "Ought" denotes a moral obligation so I value morality. All theories of morality assume the value of people because otherwise there would be no reason to develop theories of how we treat one another. People must have equal moral worth because to say otherwise promotes arbitrary distinctions among people. The state has an obligation to prevent arbitrary distinctions among people so that nobody is structurally precluded from calculations of worth. To say otherwise justifies atrocities like slavery and the Holocaust. Thus, my criterion is minimizing structural violence. 7 - 8 - 9 -==Contention 1: Arbitrariness of speech restrictions and the state== 10 - 11 - 12 -====Government arbitrariness leads to idiosyncratic interests and tyranny==== 13 -Michel J Teter, Associate professor of law, university of Utah, S.J Quinney college of Law., 2014, ARTICLE: LETTING CONGRESS VOTE: JUDICIAL REVIEW OF ARBITRARY LEGISLATIVE INACTION, 87 S. Cal. L. Rev. 1435, 1442-1445 14 -The American fear of arbitrary exercise of power continued well after winning independence from the 15 -AND 16 -be in service of particularized or idiosyncratic interests than the public good. 17 - 18 - 19 - 20 -====Free Speech is necessary for preventing arbitrary state action and corruption==== 21 -Cook 22 -Thomas I. Cook, Law, Arbitrariness and Ethics, 30 Cal. L. Rev. 151 (1942). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol30/iss2/2 23 -For laws to be made meaningful, it is necessary that they have that specificity 24 -AND 25 -petition, and free elections are necessary instruments for attaining a law state. 26 - 27 - 28 -====Because of the subjectivity of free speech restrictions, results will always be arbitrary undermining morality and justice==== 29 -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 30 -Canadian law is similar, but if anything, even broader. Section 13( 31 -AND 32 -which are not, the results are bound to look arbitrary to someone. 33 - 34 - 35 -====Restriction of free speech places arbitrary power into the hands of the government, and will always marginalize a certain group never achieving tolerance==== 36 -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 37 -Freedom of expression is looking less and less like a settled issue. Challenges to 38 -AND 39 -happier or more tolerant, but instead make them more fractious and censorious. 40 - 41 - 42 -====Regulation of free speech in the UK leads to arbitrary power limiting civil discourse only causing more hatred and intoleration==== 43 -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 44 -The act's third section, however, declares that "A person who uses threatening 45 -AND 46 -how attempts to regulate objectionable speech just open the door to arbitrary power. 47 - 48 - 49 -==Contention 2: open and free contestation of ideas== 50 - 51 - 52 -====Colleges have historically been sites of open debate and contestation — this is key to diversity of thought and expanding of people. ==== 53 -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/. 54 - In grade school, I learned that debate is defined as "a discussion 55 -AND 56 -in the free market of ideas. But our students are being silenced. 57 - 58 - 59 -====Empirical examples (Valdosta State and University of Delaware) show how schools crush conversation and thus free exchange of ideas before they even occur==== 60 -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/. 61 -When faced with this test, Valdosta State University failed. Hayden Barnes only wanted 62 -AND 63 -boundaries, and scholarship stayed inside the box. Exploratory thinking was discouraged. 64 - 65 - 66 -====Free Speech and open contestation in colleges is key to checking oppressive power structures. ==== 67 -Khan, Tariq. "Masking Oppression As "Free Speech": An Anarchist Take." Agency. October 28, 2015. Web. December 08, 2016. http://www.anarchistagency.com/commentary/masking - oppression - as - free - speech - an - anarchist - take/. 68 -The flawed notion that overly - sensitive "PC" students are shutting down free 69 -AND 70 -unch ecked under the guise of a disingenuous notion of "free speech." 71 - 72 - 73 -==Contention 3== 74 - 75 - 76 -====When the arbitrary state, historically the oppressor, controls the legal means, the law is a direct source of oppression- this means speech codes arbitrarily created will be a direct source of oppresion 77 -ARTICLE: Lessons From Malcolm X: Freedom by Any Means Necessary, 38 How. L.J. 79, 91-93==== 78 - 79 -When the oppressor controls the legal means, law is a direct source of oppression. A legal system may formally embrace princi- ~~*92~~ ples of justice such as the equal protection of laws, due process, and fundamental civil rights and liberties, yet these formal notions of justice, do not assure that oppression against disfavored groups will cease to exist. If legal means remain in the oppressor's hands, particularly one with a historical record for perpetuating oppression, the formal legal system may not tell the whole story of oppression. Hence, in every situation, the critical question will be: who controls the legal means? This simple question may unravel the secrets of oppression. 80 -Most systems of government have three branches all of which are involved in the law 81 -AND 82 -the economic, social, and political means of oppression can be easily harnessed 83 - 84 - 85 -====Censoring speech on campuses risks politically polarizing the speech on campus ==== 86 -Welch, Benjamin. "An Examination Of University Speech Codes' Constitutionality And Eir Impact On High - Level Discourse." DigitalCommons@University of Nebraska – Lincoln. August 01, 2014. Web. December 07, 2016. http://digitalcommons.unl.edu/journalism diss/40 . 87 -The consequences of censoring opinions more typical of one side of the political spectrum is 88 -AND 89 -are subjected to the largest amount of differing viewpoints and diverse discussion.13 90 - 91 - 92 -====Arbitrary classifications on speech increase Social Tensions==== 93 -Edward Schumacher-Matos 2015 94 -Former James Madison visiting professor chair on the first amendment and NPR ombudsman 95 -http://2015/02/the-slippery-slope-of-hate-speech.html 96 -In fact, arbitrary government classifications of "hate speech" could inflame rather than 97 -AND 98 -government power to ban "hate speech" would likely seem quite be arbitrary 99 - 100 - 101 -====Free speech develops 'liberating tolerance' to counter 'repressive tolerance', which is necessary to resist oppression==== 102 -Sculos and Walsh 16 ,,Bryant William Sculos and Sean Noah Walsh (2016) The Counterrevolutionary Campus: Herbert Marcuse and the Suppression of Student Protest Movements, New Political Science, 38:4, 516-532, DOI: 10.1080/07393148.2016.1228580,, 103 -Repressive tolerance is deployed to silence dissenters and prevent those who, by class position 104 -AND 105 -their voices heard, especially those that are speaking out against oppression and intolerance 106 - 107 - 108 -====Regardless of restrictions, someone will always be marginalized which leads to less cultural sensitivity and greater intolerance==== 109 -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 110 -Consider the plight of Google Maps in Japan. The popular world-mapping service 111 -AND 112 -to disagree. Sadly, this approach seems decreasingly popular in recent years. - EntryDate
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