Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[11]
  • Caselist.CitesClass[11]

Details

Caselist.RoundClass[11]

EntryDate

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1		-2017-01-14 01:11:25.737
	1	+2017-01-14 01:11:25.0

Caselist.CitesClass[11]

Cites

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	1	+1AC
	2	+===Part One- Framework===
	3	+====I value justice.
	4	+Racism builds walls of exclusion and controls how bodies can interact with other bodies====
	5	+Mendieta (Eduardo, Associate Professor of Philosophy at Stony Brook University), Philosphy and Geography, Vol. 7, No 1, February 2004, http://www.oise.utoronto.ca/depts/sese/Mendieta.pdf
	6	+It may be easily argued, without too much contrivance, that racism is a
	7	+AND
	8	+Foucault’s work we can also¶ encounter a more condemning analysis of racism.
	9	+====Particularism is good—root cause claims and focus on overarching structures ignore application to material injustice.====
	10	+Gregory Fernando Pappas 16 Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016, BE
	11	+The pragmatists’ approach should be distinguished from nonideal theories whose starting point seems to be
	12	+AND
	13	+in making us see aspects of injustices we would not otherwise appreciate.15
	14	+====Thus, the standard is reducing institutionalized racism.====
	15	+===Part Two: Speech Codes===
	16	+====Speech codes are failed policies founded on good intentions, but the naivete of speech codes is that they rest their faith in institutions that are inherently anti-black====
	17	+Henry Louis Gates 94, Professor and Director of the Hutchins Center for African and African American Research at Harvard University, “War of Words: Critical Race Theory and the First Amendment”, in Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties, New York University Press, 1994. RFK
	18	+One other paradox fissures the hate speech movement. Because these scholars wish to show
	19	+AND
	20	+The contemporary aim is not to resist power, but to enlist power.
	21	+====The anti-black implementation of speech codes manifests itself in several ways.
	22	+A The evidence shows that minorities get persecuted, not white people–Great Britain’ censorship and the Michigan speech codes prove====
	23	+Strossen ’90 (Nadine, June 1990, president of the American Civil Liberties Union from February 1991 to October 2008, John Marshall Harlan II Professor of Law at New York Law School., “Regulating Racist Speech on Campus: A Modest Proposal?”, Duke Law Journal, Vol. 1990, No. 3, Frontiers of Legal Thought II. The New First Amendment (Jun., 1990), pp. 484-573, Duke University School of Law, http://www.jstor.org/stable/1372555~-~-ghs//sk)
	24	+First, there is no persuasive psychological evidence that punishment for name- calling changes
	25	+AND
	26	+far more problems of equality and enforceability than it would solve.387 ¶
	27	+====AND- Reverse enforcement is especially likely in the case of black youth–their activism is perceived as hostile and militant and more likely to be classified as “fighting words”–only the aff prevents white fragility from silencing black protest====
	28	+Charles R. Calleros 95 Professor of Law at Arizona State University, “Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun,” 27 Ariz. St. L.J. 1249, 1995. RFK
	29	+The second "paternalistic objection," that "antiracism rules will end up
	30	+AND
	31	+to view the mural critically and test the speakers' interpretations with their own.
	32	+====B Policing hate speech doesn’t scrub out racism at its roots–rather it exacerbates racial tensions, create backlash, and make racism harder to grapple with by driving it under ground—we should let the true racists speak so that we know who they are====
	33	+Herron ’94 (Vince, Jan 1994, runs a law firm, University of California, Los Angeles B.A., Economics, USC Gould School of Law JD, Law, “Notes: INCREASING THE SPEECH: DIVERSITY, CAMPUS SPEECH CODES, AND THE PURSUIT OF TRUTH”, 67 S. Cal. L. Rev. 407 1993-1994, Georgetown Law Library, Hein Online~-~-ghs//sk)
	34	+SPEECH CODES MAY EXACERBATE THE VERY TENSIONS THEY SEEK TO ALLEVIATE Some will argue that
	35	+AND
	36	+originally led to these injuries and hinders the continued fight against those ideologies.
	37	+====C Speech codes glorify white supremacists by handing them a cross to hang themselves on by pitting them against government censorship====
	38	+Strossen ’90 (Nadine, June 1990, president of the American Civil Liberties Union from February 1991 to October 2008, John Marshall Harlan II Professor of Law at New York Law School., “Regulating Racist Speech on Campus: A Modest Proposal?”, Duke Law Journal, Vol. 1990, No. 3, Frontiers of Legal Thought II. The New First Amendment (Jun., 1990), pp. 484-573, Duke University School of Law, http://www.jstor.org/stable/1372555~-~-ghs//sk)
	39	+A second reason why censorship of racist speech actually may sub- vert, rather
	40	+AND
	41	+it ex- presses.392 The British experience confirms this prediction.393
	42	+====White nationalist Richard Spencer proves–in a speech at Texas AandM he said he knew he was going to lead a persecuted life, and his arrest in Hungary turned him into an alt-right hero and spreads the movement====
	43	+Martin Gelin 14, Slate, “While Flight,” 13 November 2014, Slate.com. RFK
	44	+Spencer spent the next three days in a Budapest jail, which he didn’t seem
	45	+AND
	46	+American white supremacists connect with Europe’s far-right groups than anything else.
	47	+
	48	+===Part Three: Let Them Talk===
	49	+====My advocacy is that: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. Silencing racists just drives their movement underground and makes them look like heroes. Rather, in the words of Henry Louis Gates, we should let them talk.
	50	+Several benefits:
	51	+A If we let racists talk NOW, it strengthens civil liberty protections for marginalized groups in the future–the ACLU Skokie case proves====
	52	+Henry Louis Gates 94, Professor and Director of the Hutchins Center for African and African American Research at Harvard University, “War of Words: Critical Race Theory and the First Amendment”, in Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties, New York University Press, 1994. RFK
	53	+The critique of neutrality would affect not simply how we draft our ordinances, but
	54	+AND
	55	+have effects far beyond the classic triad of deterrence, reform and retribution.
	56	+====B Historically free speech has been far more important for racial equality movements than hate speech regulation–that’s what we must focus on protecting====
	57	+Strossen ’90 (Nadine, June 1990, president of the American Civil Liberties Union from February 1991 to October 2008, John Marshall Harlan II Professor of Law at New York Law School., “Regulating Racist Speech on Campus: A Modest Proposal?”, Duke Law Journal, Vol. 1990, No. 3, Frontiers of Legal Thought II. The New First Amendment (Jun., 1990), pp. 484-573, Duke University School of Law, http://www.jstor.org/stable/1372555~-~-ghs//sk)
	58	+It is particularly important to devise anti-racism strategies consistent with the first amendment
	59	+AND
	60	+theme of more than rhetorical significance in egalitarian such as the women's movement.
	61	+====C Letting the racists expose themselves allows for COUNTERSPEECH which spurs reform and activism – grassroots movements unite under counterspeech and expose moral bankruptcy – only public engagement empowers communities and constructs active solutions====
	62	+Charles R. Calleros 95 Professor of Law at Arizona State University, “Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun,” 27 Ariz. St. L.J. 1249, 1280 (1995), ghs//BZ
	63	+Delgado and Yun characterize these arguments as "paternalistic" and "seriously flawed.
	64	+AND
	65	+likely would feel pressures to maintain its status as a minimally integrated institution.
	66	+====AND–the race-specific speech codes will get co-opted and turned into a useless paradox====
	67	+Henry Louis Gates 94, Professor and Director of the Hutchins Center for African and African American Research at Harvard University, “War of Words: Critical Race Theory and the First Amendment”, in Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties, New York University Press, 1994. RFK
	68	+At the very least, this approach would promise a quick solution to the abuse
	69	+AND
	70	+plentiful supply; the policeman's grandmother will offer poignant firsthand testimony to that.

EntryDate

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	1	+2017-01-14 01:11:33.823

Judge

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	1	+John Scoggin, James Sanger

Opponent

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	1	+Harvard Westlake IP

ParentRound

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	1	+11

Round

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	1	+6

Team

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	1	+Greenhill Krishnan Aff

Title

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	1	+JANFEB - Marketplace of Ideas 1AC V2

Tournament

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	1	+Harvard Westlake RR