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... ... @@ -1,0 +1,89 @@ 1 +====I value justice.==== 2 + 3 +====Structural violence and oppression is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences. ==== 4 +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. She 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 5 +Both structural and direct violence results from moral justifications and rationalizations. 6 +AND 7 +oneself or one’s group at the expense of others (Tajfel, 1982). 8 + 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 + 15 +====Thus, the standard is reducing structural violence. ==== 16 + 17 +===Harms=== 18 + 19 +====Blue on black violence is structural and legally justified–police routinely violate the Fourth Amendment to use excessive force against black bodies==== 20 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK 21 +No single model can fully explain African-American vulnerability to police violence. At 22 +AND 23 +"a pattern of excessive force in violation of the Fourth Amendment. 2 24 + 25 +====The law is currently a means by which police brutality becomes justified–qualified immunity lets officers escape accountability 26 + 27 +Two warrants: 28 + 29 +First, the “clearly established” clause and the merits-sequencing precedent set by Pearson v Callahan means courts can avoid the question of whether the officer’s conduct violated the Constitution if the right isn’t already CLEARLY ESTABLISHED–creates a vicious cycle where the greater the uncertainty about the law, the easier it is to argue that the right was not “clearly established”–leaves black bodies in a state of legal flux==== 30 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK 31 +A similar dynamic is at play in the civil process as well. Here, 32 +AND 33 +, courts will likely grant qualified immunity in cases involving such arrests.20 34 + 35 +====2- the “clearly established” standard as presently interpreted virtually guarantees qualified immunity so officers are almost never indicted==== 36 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK 37 +4 A second problem with the "clearly established" doctrine pertains to how courts 38 +AND 39 +a significant doctrinal hurdle to holding police officers accountable for acts of violence. 40 + 41 +====Qualified immunity doesn’t just mean that victims go without compensation–the “clearly established” right clause means courts can continue to avoid clarifying the scope of the law which prevents the law from ever becoming clearly established==== 42 +Alan K. Chen 15, professor of law at the University of Denver Sturm College of Law, “Qualified Immunity Limiting Access to Justice and Impeding Development of the Law,” Human Rights Magazine Vol. 41, 2015. 43 +Critics of qualified immunity point out that the breadth of the doctrine’s protection means that 44 +AND 45 +F. App’x 852, 852–53 (4th Cir. 2009). 46 + 47 +====Qualified immunity’s focus on technicalities DISGUISES institutional racism and makes civil rights litigation about INDIVIDUAL CASES instead of structural problems and encourages acceptance of the status quo—we have to break down the illusion that our CJS allows for redress==== 48 +Diana Hassel 99, Associate Professor, Roger Williams University School of Law, “Living a Lie: The Cost of Qualified Immunity,” Missouri Law Review Vol. 64, 1999. 49 +The problem with qualified immunity is not so much that the outcomes are sometimes unfair 50 +AND 51 +of an open debate concerning which civil rights should be protected and how. 52 + 53 +====Thus the plan: The United States Supreme Court ought to limit qualified immunity for police officers by changing the “clearly established right” clause to asking whether the defendant’s conduct was “clearly unconstitutional”, and also implementing a four-part inquiry for cases in which the defendant’s actions were not obviously unconstitutional. ==== 54 +Michael S. Catlett 05, JD, University of Arizona College of Law, “Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine,” Arizona Law Review Vol. 47, 2005. RFK 55 +In trying to decide whether a constitutional right is "clearly established," courts should 56 +AND 57 +case?; 197 (4) How recently was the constitutional right pronounced? 58 + 59 +===Solvency=== 60 + 61 +====Asking whether the defendant’s actions were “clearly unconstitutional” as opposed to violating “clearly established rights” avoids legal technicalities that excuse egregious behavior and shifts the focus to common social duty==== 62 +John C. Jeffries 10, Professor, University of Virginia School of Law, Jr. “What’s Wrong with Qualified Immunity,” Florida Law Review, Vol. 62, September 2010. RFK 63 +A second suggestion would be to change the doctrinal formula for qualified immunity. Rather 64 +AND 65 +would not be irrelevant in determining whether conduct is "clearly unconstitutional." 84 66 + 67 +====The four-part inquiry establishes a uniform standard for settling constitutional merits–resolves the legal quagmire that unfairly protects the police==== 68 +Michael S. Catlett 05, JD, University of Arizona College of Law, “Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine,” Arizona Law Review Vol. 47, 2005. RFK 69 +The obvious benefits of the proposed standard are that it would provide uniformity, help 70 +AND 71 +and the common-sensical or difficult nature of the legal issues involved." 72 + 73 +====AND—civil lawsuits good because they spur systemic reform through investigations and public outcry–also, even if there’s indemnity that doesn’t answer our offense because victims still get REPARATIONS and RECOMPENSE==== 74 +Mary M. Cheh 96,Professor of Law, George Washington University “Are Lawsuits an Answer to Police Brutality?” in William A. Geller and Hans Toch, “Police Violence: Understanding and Controlling Police Abuse of Force,” Yale University Press, 1996. RFK 75 +By contrast, the civil law, because of its greater flexibility and scope, 76 +AND 77 +but to reform so that the harm is not likely to be repeated. 78 + 79 +====We don’t claim legal reform solves everything, just that it’s a good idea–even if institutions are racist oppressed groups have to carve out anti-racist pockets in the Constitution and write themselves into the law as a pragmatic political strategy to break down the incoherence of the dominant ideology==== 80 +Kimberle Williams Crenshaw 88, Acting Professor of Law, UCLA; JD, Harvard Law School, “Race, Reform and Retrenchment: Transformation and Legitimation in Antidiscrimination Law,” Harvard Law Review Vol. 101, May 1988. RFK 81 +Rights have been important. They may have legitimated racial inequality, but they have 82 +AND 83 +meaningful change depends on skillful use of the liberating potential of dominant ideology. 84 + 85 +====AND–only struggles within the legal system solve–pessimism is a solipsistic retreat that moots smaller points of attack on white supremacy==== 86 +Vincent W. Lloyd 16, Associate Professor of Theology and Religious Studies, Villanova University, “Conclusion: Against Pessimism” in Black Natural Law, Oxford University Press, 2016. RFK 87 +This apparent impasse between the scope of the problem and the deliberateness of the strategy 88 +AND 89 +hold more than a million of our black brothers and sisters in cages. - EntryDate
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... ... @@ -1,0 +1,93 @@ 1 +1AC 2 + 3 +Framework 4 + 5 +====I value justice.==== 6 + 7 +====Structural violence and oppression is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences. 8 +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. She 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==== 9 +Both structural and direct violence results from moral justifications and rationalizations. 10 +AND 11 +oneself or one’s group at the expense of others (Tajfel, 1982). 12 + 13 +====Particularism is good—root cause claims and focus on overarching structures ignore application to material injustice. 14 +Gregory Fernando Pappas 16 Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016, BE==== 15 +The pragmatists’ approach should be distinguished from nonideal theories whose starting point seems to be 16 +AND 17 +in making us see aspects of injustices we would not otherwise appreciate.15 18 + 19 +====Thus, the standard is reducing structural violence.==== 20 + 21 +===Harms=== 22 + 23 +====Blue on black violence is structural and legally justified–police routinely violate the Fourth Amendment to use excessive force against black bodies 24 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK==== 25 +No single model can fully explain African-American vulnerability to police violence. At 26 +AND 27 +"a pattern of excessive force in violation of the Fourth Amendment. 2 28 + 29 +====The law is currently a means by which police brutality becomes justified–qualified immunity lets officers escape accountability 30 + 31 +Two warrants: 32 + 33 +First, the “clearly established” clause and the merits-sequencing precedent set by Pearson v Callahan means courts can avoid the question of whether the officer’s conduct violated the Constitution if the right isn’t already CLEARLY ESTABLISHED–creates a vicious cycle where the greater the uncertainty about the law, the easier it is to argue that the right was not “clearly established”–leaves black bodies in a state of legal flux 34 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK==== 35 +A similar dynamic is at play in the civil process as well. Here, 36 +AND 37 +, courts will likely grant qualified immunity in cases involving such arrests.20 38 + 39 +====2- the “clearly established” standard as presently interpreted virtually guarantees qualified immunity so officers are almost never indicted 40 +Drew Carbado 16, Honorable Harry Pregerson Professor of Law, UCLA, “Blue-on-Black Violence: A Provisional Model of Some of the Causes,” Georgetown Law Journal Vo. 104, 2016. RFK==== 41 +4 A second problem with the "clearly established" doctrine pertains to how courts 42 +AND 43 +a significant doctrinal hurdle to holding police officers accountable for acts of violence. 44 + 45 +====Qualified immunity doesn’t just mean that victims go without compensation–the “clearly established” right clause means courts can continue to avoid clarifying the scope of the law which prevents the law from ever becoming clearly established 46 +Alan K. Chen 15, professor of law at the University of Denver Sturm College of Law, “Qualified Immunity Limiting Access to Justice and Impeding Development of the Law,” Human Rights Magazine Vol. 41, 2015. ==== 47 +Critics of qualified immunity point out that the breadth of the doctrine’s protection means that 48 +AND 49 +F. App’x 852, 852–53 (4th Cir. 2009). 50 + 51 +====Qualified immunity’s focus on technicalities DISGUISES institutional racism and makes civil rights litigation about INDIVIDUAL TECHNICALITIES instead of structural problems and encourages acceptance of the status quo—we have to break down the illusion that our CJS allows for redress 52 +Diana Hassel 99, Associate Professor, Roger Williams University School of Law, “Living a Lie: The Cost of Qualified Immunity,” Missouri Law Review Vol. 64, 1999. ==== 53 +The problem with qualified immunity is not so much that the outcomes are sometimes unfair 54 +AND 55 +of an open debate concerning which civil rights should be protected and how. 56 + 57 +====Thus the plan: The United States federal government ought to limit qualified immunity for police officers by changing the “clearly established right” clause to “clearly unconstitutional” and implementing a three-part inquiry for cases in which the defendant’s actions were not clearly unconstitutional. 58 +Michael S. Catlett 05, JD, University of Arizona College of Law, “Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine,” Arizona Law Review Vol. 47, 2005. RFK==== 59 +In trying to decide whether a constitutional right is "clearly established," courts should 60 +AND 61 +case?; 197 (4) How recently was the constitutional right pronounced? 62 + 63 +===Solvency=== 64 + 65 +====Asking whether the defendant’s actions were “clearly unconstitutional” as opposed to violating “clearly established rights” avoids legal technicalities that excuse egregious behavior and shifts the focus to common social duty 66 +John C. Jeffries 10, Professor, University of Virginia School of Law, Jr. “What’s Wrong with Qualified Immunity,” Florida Law Review, Vol. 62, September 2010. RFK==== 67 +A second suggestion would be to change the doctrinal formula for qualified immunity. Rather 68 +AND 69 +would not be irrelevant in determining whether conduct is "clearly unconstitutional." 84 70 + 71 +====AND—civil lawsuits good because they spur systemic reform through investigations and public outcry–also, even if there’s indemnity that doesn’t answer our offense because victims still get REPARATIONS and RECOMPENSE 72 +Mary M. Cheh 96,Professor of Law, George Washington University “Are Lawsuits an Answer to Police Brutality?” in William A. Geller and Hans Toch, “Police Violence: Understanding and Controlling Police Abuse of Force,” Yale University Press, 1996. RFK==== 73 +By contrast, the civil law, because of its greater flexibility and scope, 74 +AND 75 +but to reform so that the harm is not likely to be repeated. 76 + 77 +====Increasing accountability would revitalize the entire legal system by promoting constitutional rights 78 +Lindsey De Stefan 16 J.D. Candidate 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey, "'No Man is Above the Law and No Man is Below it:' How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Law School Student Scholarship, Seton Hall Law, draft version, will be fully published in 2017, GU//MM==== 79 +Altering the qualified immunity doctrine is an excellent way to begin the path to restoring 80 +AND 81 +be a¶ long path to rebuilding the trust that is so crucial. 82 + 83 +====We don’t claim legal reform solves everything, just that it’s a good idea–even if institutions are racist oppressed groups have to carve out anti-racist pockets in the Constitution and write themselves into the law as a pragmatic political strategy to break down the incoherence of the dominant ideology 84 +Kimberle Williams Crenshaw 88, Acting Professor of Law, UCLA; JD, Harvard Law School, “Race, Reform and Retrenchment: Transformation and Legitimation in Antidiscrimination Law,” Harvard Law Review Vol. 101, May 1988. RFK==== 85 +Rights have been important. They may have legitimated racial inequality, but they have 86 +AND 87 +meaningful change depends on skillful use of the liberating potential of dominant ideology. 88 + 89 +====AND–only struggles within the legal system solve–pessimism is a solipsistic retreat that moots smaller points of attack on white supremacy 90 +Vincent W. Lloyd 16, Associate Professor of Theology and Religious Studies, Villanova University, “Conclusion: Against Pessimism” in Black Natural Law, Oxford University Press, 2016. RFK==== 91 +This apparent impasse between the scope of the problem and the deliberateness of the strategy 92 +AND 93 +hold more than a million of our black brothers and sisters in cages. - EntryDate
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... ... @@ -1,0 +1,121 @@ 1 +==1AC== 2 + 3 + 4 +===FW=== 5 + 6 + 7 +====I value morality because ought implies moral obligation.==== 8 + 9 + 10 +====Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== 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 justice 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 +====Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 18 +Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE 19 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 20 +AND 21 +used to currently justify the living wages in under our contemporary moral parameters. 22 + 23 + 24 +====Thus, the standard is mitigating structural violence.==== 25 + 26 + 27 +===Harms=== 28 + 29 + 30 +====Discriminatory laws force IPV survivors to choose between reporting abuse or losing their home – double-victimization creates a chilling effect that silences survivors and perpetuates violence – current policies that force the burden onto the abused cause a victim-blaming culture that frames survivors as passive and not to be trusted==== 31 +LENORA M. LAPIDUS 03 ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 32 +By viewing Ms. Alvera's eviction as part of a larger systemic problem of discrimination 33 +AND 34 +history checks and deny housing applications of women who have obtained protective orders." 35 + 36 + 37 +====Black women are uniquely targeted with eviction, which spurs unemployment, homelessness, and suicides – nuisance ordinances treat IPV response as a nuisance and embolden abusers==== 38 +Desmond and Valdez 13 *bracketed for rhetoric Matthew Desmond ~~Department of Sociology, Harvard~~and Nicol Valdez ~~Columbia University~~, "Unpolicing the Urban Poor: Consequences of Third-Party Policing for Inner-City Women," American Sociological Review, American Sociological Association, Vol. 78, No. 1 (February 2013), pp. 117-141, ghs//BZ 39 +In recent years, third-party policing policies have spread throughout the United States 40 +AND 41 +their female counterparts from benefitting fully from its protective arm (Harris 1990). 42 + 43 + 44 +====Housing discrimination against IPV survivors occurs at every level of the housing process – "criminal records" degrade survivors and create unstable housing==== 45 +LENORA M. LAPIDUS 03 *bracketed for rhetoric ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 46 +In addition to evictions, battered women face housing discrimination in a variety of other 47 +AND 48 +and to develop strategies to alter current practices by housing authorities.5 ' 49 + 50 + 51 +====Queer and quare people are disproportionately affected by housing discrimination and evictions==== 52 +Crosby Burns and Philip Ross 11 ~~~~, "Gay and Transgender Discrimination Outside the Workplace – Center for American Progress," No Publication, 7-19-2011, https://www.americanprogress.org/issues/lgbt/reports/2011/07/19/9927/gay-and-transgender-discrimination-outside-the-workplace/, ghs//BZ 53 +Evidence and rates of discrimination in the housing and rental markets On January 24, 54 +AND 55 +transgender individuals and their families until uniform housing and rental protections are passed. 56 + 57 + 58 +====Longitudinal, peer-reviewed, cross-sectional analysis proves unstable housing for IPV survivors causes trans-generational psychological violence, cycles of poverty, and chronic abuse and murders==== 59 +Gilroy et al 16, Heidi Gilroy ~~School of Nursing, Texas Woman's University~~, Judith McFarlane ~~School of Nursing, Texas Woman's University~~, John Maddoux ~~Office of Research and Sponsored Programs, Texas Woman's University~~, Cris Sullivan ~~ Research Consortium on Gender-Based Violence, Michigan State University~~, "Homelessness, housing instability, intimate partner violence, mental health, and functioning: A multiyear cohort study of IPV survivors and their children," Informa UK Limited, trading as Taylor and Francis Group, 12 Dec 2016, ghs//BZ 60 +This 2-year analysis of 276 women with children who report intimate partner violence 61 +AND 62 +support both employment and housing for women who have experienced intimate partner violence. 63 + 64 + 65 +===Solvency=== 66 + 67 + 68 +====Thus the plan: The United States ought to guarantee the right to housing ==== 69 +Goldberg et al 10, *bracketed for rhetoric Columbia Human Rights Clinic: Caroline Bettinger-López ~~Acting Director~~, Zarizana Abdul Aziz, Esha Bhandari, Alice Izumo, Kathrin Rüegg, Kate Stinson, Columbia Sexuality and Gender Law Clinic: Suzanne Goldberg ~~Director~~, Harriet Antczak, Caitlin Boyce, Seung Jae Lee, Sarah Morris, "HUMAN RIGHTS and DOMESTIC VIOLENCE An Advocacy Manual," Columbia Law School, February 2010, http://www.law.columbia.edu/sites/default/files/legacy/files/human_rights_institute/fordham_manual_-_final_3.8.10.pdf, ghs//BZ 70 +4. Right to housing Housing is one of the main issues with which domestic 71 +AND 72 +resources practitioners can use to include persuasive human rights arguments in their advocacy. 73 + 74 + 75 +====Affordable housing is key to improving public health and reduced poverty; a meta-analysis of 130 studies proves ==== 76 +**Gibson et al. 11** Marcia Gibson, Mark Petticrew, Clare Bambra, Amanda J. Sowden, Kath E. Wright, and Margaret Whitehead (MRC Social and Public Health Sciences Unit, Glasgow, UK; Public and Environmental Health Research Unit, Department of Public Health and Policy, London School of Hygiene and Tropical Medicine; Department of Ge- ography, Durham University, Wolfson Research Institute, Durham University; Centre for Reviews and Dissemination, University of York; Division of Public Health, Univer- sity of Liverpool)."Housing and health inequalities: A synthesis of systematic reviews of interventions aimed at different pathways linking housing and health." Health Place. 2011. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3098470/ 77 +We conducted a systematic overview of housing interventions, finding five systematic reviews, which 78 +AND 79 +at those in greatest need may hold the most promise for improving health. 80 + 81 + 82 +====Guaranteeing the right to housing protects IPV survivors from forced evictions and harassment ==== 83 +Giulia Paglione 06 *bracketed for rhetoric, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ 84 +The biased and male-oriented interpretation of the right to housing is likewise visible 85 +AND 86 +lacking such protection, in genuine consultation with affected persons and groups."32 87 + 88 + 89 +====Recognizing the right to housing for IPV survivors provides legal empowerment and reparations – rights-based perspective key to state enforcement and inherent protections==== 90 +Giulia Paglione 2, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ 91 +Recognizing that domestic violence victims are subject to forced evictions is not simply an intellectual 92 +AND 93 +, as the governments did not live up to their international legal obligations. 94 + 95 + 96 +====Crystallizing the rights of IPV survivors provides collective identity and empowers the abused individual – the aff provides the first step for systemic reform and challenging gender subordination==== 97 +LENORA M. LAPIDUS 03 *bracketed for rhetoric ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 98 +These responses to housing discrimination against victims of domestic violence all derive from a deep 99 +AND 100 +victimization and to protect battered women from discrimination in housing and other contexts. 101 + 102 + 103 +====Rights-based approaches recognize inherent dignity and create counter-hierarchies that removes stigmatization==== 104 +Fitzpatrick and Suzanne 08, Fitzpatrick ~~School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK;~~ and Beth Watts ~~Centre for Housing Policy, University of York, England, UK~~, "'The Right to Housing' for Homeless People," Homelessness Research in Europe, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.456.1897andrep=rep1andtype=pdf, ghs//BZ 105 +There are some obvious reasons why enforceable legal rights to housing may be viewed as 106 +AND 107 +in poverty and using welfare services such as housing (Lister, 2004). 108 + 109 + 110 +====Generic discussions of the right to housing focuses exclusively on the male perspective, ignoring and legitimizing incidences of intimate partner violence – gender-sensitive focus key to deconstruct androcentric policies ==== 111 +Giulia Paglione 3, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ **bracketed for ableist language** 112 +The right to housing is considered a component of the broader human right to an 113 +AND 114 +interpretation of the right to housing needs to be brought to the surface. 115 + 116 + 117 +====The aff is a form of institutional ethnography that deconstructs seemingly gender-neutral laws and disrupts power relations==== 118 +Arnold and Slusser 15*bracketed for rhetoric, Gretchen Arnold and Megan Slusser, "Silencing Women's Voices: Nuisance Property Laws and Battered Women," Law and Social Inquiry Volume 00, Issue 00, 00–00, Summer 2015, http://www.nhlp.org/files/001.20Silencing20Women's20Voices-20Nuisance20Property20Laws20and20Battered20Women20-20G20Arnold20and20M20Slusser.pdf, ghs//BZ 119 +Theoretical Implications This study has implications for understanding not only how professionals can reach such 120 +AND 121 +more sophisticated understanding of how institutional and social processes reproduce relations of domination. - EntryDate
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... ... @@ -1,0 +1,118 @@ 1 +===FW=== 2 + 3 + 4 +====I value morality because ought implies moral obligation.==== 5 + 6 + 7 +====Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== 8 +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 justice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 ghs//VA 9 +Finally, to recognize the operation of structural violence forces us to ask questions about 10 +AND 11 +local cultures, will be our most surefooted path to building lasting peace. 12 + 13 + 14 +====Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 15 +Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE 16 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 17 +AND 18 +used to currently justify the living wages in under our contemporary moral parameters. 19 + 20 + 21 +====Thus, the standard is mitigating structural violence.==== 22 + 23 + 24 +===Harms=== 25 + 26 + 27 +====Discriminatory laws force IPV survivors to choose between reporting abuse or losing their home – double-victimization creates a chilling effect that silences survivors and perpetuates violence – current policies that force the burden onto the abused cause a victim-blaming culture that frames survivors as passive and not to be trusted==== 28 +LENORA M. LAPIDUS 03 ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 29 +By viewing Ms. Alvera's eviction as part of a larger systemic problem of discrimination 30 +AND 31 +history checks and deny housing applications of women who have obtained protective orders." 32 + 33 + 34 +====Black women are uniquely targeted with eviction, which spurs unemployment, homelessness, and suicides – nuisance ordinances treat IPV response as a nuisance and embolden abusers==== 35 +Desmond and Valdez 13 *bracketed for rhetoric Matthew Desmond ~~Department of Sociology, Harvard~~and Nicol Valdez ~~Columbia University~~, "Unpolicing the Urban Poor: Consequences of Third-Party Policing for Inner-City Women," American Sociological Review, American Sociological Association, Vol. 78, No. 1 (February 2013), pp. 117-141, ghs//BZ 36 +In recent years, third-party policing policies have spread throughout the United States 37 +AND 38 +their female counterparts from benefitting fully from its protective arm (Harris 1990). 39 + 40 + 41 +====Housing discrimination against IPV survivors occurs at every level of the housing process – "criminal records" degrade survivors and create unstable housing==== 42 +LENORA M. LAPIDUS 03 *bracketed for rhetoric ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 43 +In addition to evictions, battered women face housing discrimination in a variety of other 44 +AND 45 +and to develop strategies to alter current practices by housing authorities.5 ' 46 + 47 + 48 +====Queer and quare people are disproportionately affected by housing discrimination and evictions==== 49 +Crosby Burns and Philip Ross 11 ~~~~, "Gay and Transgender Discrimination Outside the Workplace – Center for American Progress," No Publication, 7-19-2011, https://www.americanprogress.org/issues/lgbt/reports/2011/07/19/9927/gay-and-transgender-discrimination-outside-the-workplace/, ghs//BZ 50 +Evidence and rates of discrimination in the housing and rental markets On January 24, 51 +AND 52 +transgender individuals and their families until uniform housing and rental protections are passed. 53 + 54 + 55 +====Longitudinal, peer-reviewed, cross-sectional analysis proves unstable housing for IPV survivors causes trans-generational psychological violence, cycles of poverty, and chronic abuse and murders==== 56 +Gilroy et al 16, Heidi Gilroy ~~School of Nursing, Texas Woman's University~~, Judith McFarlane ~~School of Nursing, Texas Woman's University~~, John Maddoux ~~Office of Research and Sponsored Programs, Texas Woman's University~~, Cris Sullivan ~~ Research Consortium on Gender-Based Violence, Michigan State University~~, "Homelessness, housing instability, intimate partner violence, mental health, and functioning: A multiyear cohort study of IPV survivors and their children," Informa UK Limited, trading as Taylor and Francis Group, 12 Dec 2016, ghs//BZ 57 +This 2-year analysis of 276 women with children who report intimate partner violence 58 +AND 59 +support both employment and housing for women who have experienced intimate partner violence. 60 + 61 + 62 +===Solvency=== 63 + 64 + 65 +====Plan text: The United States ought to guarantee the right to housing for intimate partner violence survivors.==== 66 +Goldberg et al 10, *bracketed for rhetoric Columbia Human Rights Clinic: Caroline Bettinger-López ~~Acting Director~~, Zarizana Abdul Aziz, Esha Bhandari, Alice Izumo, Kathrin Rüegg, Kate Stinson, Columbia Sexuality and Gender Law Clinic: Suzanne Goldberg ~~Director~~, Harriet Antczak, Caitlin Boyce, Seung Jae Lee, Sarah Morris, "HUMAN RIGHTS and DOMESTIC VIOLENCE An Advocacy Manual," Columbia Law School, February 2010, http://www.law.columbia.edu/sites/default/files/legacy/files/human_rights_institute/fordham_manual_-_final_3.8.10.pdf, ghs//BZ 67 +4. Right to housing Housing is one of the main issues with which domestic 68 +AND 69 +resources practitioners can use to include persuasive human rights arguments in their advocacy. 70 + 71 + 72 +====The aff prevents authorities from discriminating against IPV survivors – negative obligations are an inherent part of the right to housing==== 73 +Marc UHRY 16 ~~Coordinator for european affairs~~, "HOUSING-RELATED BINDING OBLIGATIONS ON STATES FROM EUROPEAN AND INTERNATIONAL CASE LAW," Foundation Abbe Piere and FEANTSA, FROM EUROPEAN AND INTERNATIONAL CASE LAW, June 2016, http://www.fondation-abbe-pierre.fr/sites/default/files/content-files/files/housing-related_binding_obligations_on_states.pdf, ghs//BZ 74 +What minimum norms do public authorities have to respect when effectively implementing fundamental social rights 75 +AND 76 +Human Rights - Airey, C. vs Ireland, 7 October 1979). 77 + 78 + 79 +====Guaranteeing the right to housing protects IPV survivors from forced evictions and harassment ==== 80 +Giulia Paglione 06 *bracketed for rhetoric, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ 81 +The biased and male-oriented interpretation of the right to housing is likewise visible 82 +AND 83 +lacking such protection, in genuine consultation with affected persons and groups."32 84 + 85 + 86 +====Recognizing the right to housing for IPV survivors provides legal empowerment and reparations – rights-based perspective key to state enforcement and inherent protections==== 87 +Giulia Paglione 2, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ 88 +Recognizing that domestic violence victims are subject to forced evictions is not simply an intellectual 89 +AND 90 +, as the governments did not live up to their international legal obligations. 91 + 92 + 93 +====Crystallizing the rights of IPV survivors provides collective identity and empowers the abused individual – the aff provides the first step for systemic reform and challenging gender subordination==== 94 +LENORA M. LAPIDUS 03 *bracketed for rhetoric ~~Director, Women's Rights Project ("WRP") of the American Civil Liberties Union. B.A., summa cum laude, Cornell University,J.D., cum laude, HarvardLaw School. Ms. Lapidus litigates women's rights cases in state and federal courts throughout the United States on a range of issues, including discrimination against victims of domestic violence. Prior to becoming Director of the ACLU Women's Rights Project, she served as the Legal Director of the American Civil Liberties Union of New Jersey, held the John J. Gibbons Fellowship in Public Interest and Constitutional Law, at Gibbons, Del Deo, Dolan, Griffinger and Vecchione, in Newark, New Jersey, was a Staff Attorney Fellow at the Center for Reproductive Law and Policy in New York City, and clerked for the Honorable Richard Owen, United States District Court for the Southern District of New York. In addition to her litigation and public policy experience, Ms. Lapidus has also taught as an adjunct professor at Seton Hall Law School, Rutgers Law School, and Rutgers University. She is a member of various boards, task forces, bar associations and community organizations.~~, "DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE," JOURNAL OF GENDER, SOCIAL POLICY and THE LAW ~~Vol. 11:2, 2003, ghs//BZ 95 +These responses to housing discrimination against victims of domestic violence all derive from a deep 96 +AND 97 +victimization and to protect battered women from discrimination in housing and other contexts. 98 + 99 + 100 +====Rights-based approaches recognize inherent dignity and create counter-hierarchies that removes stigmatization==== 101 +Fitzpatrick and Suzanne 08, Fitzpatrick ~~School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK;~~ and Beth Watts ~~Centre for Housing Policy, University of York, England, UK~~, "'The Right to Housing' for Homeless People," Homelessness Research in Europe, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.456.1897andrep=rep1andtype=pdf, ghs//BZ 102 +There are some obvious reasons why enforceable legal rights to housing may be viewed as 103 +AND 104 +in poverty and using welfare services such as housing (Lister, 2004). 105 + 106 + 107 +====Generic discussions of the right to housing focuses exclusively on the male perspective, ignoring and legitimizing incidences of intimate partner violence – gender-sensitive focus key to deconstruct androcentric policies ==== 108 +Giulia Paglione 3, "Domestic Violence and Housing Rights: A Reinterpretation of the Right to Housing," The Johns Hopkins University Press, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp. 120-147, ghs//BZ **bracketed for ableist language** 109 +The right to housing is considered a component of the broader human right to an 110 +AND 111 +interpretation of the right to housing needs to be brought to the surface. 112 + 113 + 114 +====The aff is a form of institutional ethnography that deconstructs seemingly gender-neutral laws and disrupts power relations==== 115 +Arnold and Slusser 15*bracketed for rhetoric, Gretchen Arnold and Megan Slusser, "Silencing Women's Voices: Nuisance Property Laws and Battered Women," Law and Social Inquiry Volume 00, Issue 00, 00–00, Summer 2015, http://www.nhlp.org/files/001.20Silencing20Women's20Voices-20Nuisance20Property20Laws20and20Battered20Women20-20G20Arnold20and20M20Slusser.pdf, ghs//BZ 116 +Theoretical Implications This study has implications for understanding not only how professionals can reach such 117 +AND 118 +more sophisticated understanding of how institutional and social processes reproduce relations of domination. - EntryDate
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... ... @@ -1,0 +1,120 @@ 1 +===Part One: Framework=== 2 + 3 + 4 +====I value justice. ==== 5 + 6 + 7 +====Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== 8 +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 justice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 ghs//VA 9 +Finally, to recognize the operation of structural violence forces us to ask questions about 10 +AND 11 +local cultures, will be our most surefooted path to building lasting peace. 12 + 13 + 14 +====Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 15 +Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE 16 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 17 +AND 18 +used to currently justify the living wages in under our contemporary moral parameters. 19 + 20 + 21 +====Thus, the standard is reducing structural violence. ==== 22 + 23 + 24 +===Part Two: Speech Codes=== 25 + 26 + 27 +====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==== 28 +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 29 +One other paradox fissures the hate speech movement. Because these scholars wish to show 30 +AND 31 +The contemporary aim is not to resist power, but to enlist power. 32 + 33 + 34 +====The anti-black implementation of speech codes manifests itself in several ways.==== 35 + 36 + 37 +**====A~~ The evidence shows that minorities get persecuted, not white people–Great Britain' censorship and the Michigan speech codes prove ====** 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 +**First**, there is no persuasive psychological evidence that punishment for name- calling changes 40 +AND 41 +**far more problems of equality and enforceability than it would solve.387 ** 42 + 43 + 44 +====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 ==== 45 +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 46 +The second "paternalistic objection," that "~~a~~ntiracism rules will end up 47 +AND 48 +to view the mural critically and test the speakers' interpretations with their own. 49 + 50 + 51 +====B~~ Policing hate speech doesn't scrub out racism at its roots–rather it exacerbates racial tensions, creates backlash, and makes racism harder to grapple with by driving it underground—we should let the true racists speak so that we know who they are==== 52 +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) 53 +SPEECH CODES MAY EXACERBATE THE VERY TENSIONS THEY SEEK TO ALLEVIATE Some will argue that 54 +AND 55 +originally led to these injuries and hinders the continued fight against those ideologies. 56 + 57 + 58 +====C~~ Speech codes glorify white supremacists by handing them a cross to hang themselves on by pitting them against government censorship ==== 59 +**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)** 60 +A second reason why censorship of racist speech actually may sub- vert, rather 61 +AND 62 +it ex- presses.392 The British experience confirms this prediction.393 63 + 64 + 65 +====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 a white supremacist hero and spreads the movement==== 66 +Martin Gelin 14, ~~Slate~~, "While Flight," 13 November 2014, Slate.com. RFK 67 +Spencer spent the next three days in a Budapest jail, which he didn't seem 68 +AND 69 +American white supremacists connect with Europe's far-right groups than anything else. 70 + 71 + 72 +===Part Three: Let Them Talk === 73 + 74 + 75 +====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.==== 76 + 77 + 78 +====Several benefits: ==== 79 + 80 + 81 +====A~~ Giving the option of free speech is intrinsically valuable – speech as catharsis and self-expression drives value to life and moral virtues ==== 82 +Edward J. Eberle 94 ~~Associate Professor of Law, Roger Williams University School of Law (B.A. Columbia 1978; J.D. Northwestern 1982).~~, "HATE SPEECH, OFFENSIVE SPEECH, AND PUBLIC DISCOURSE IN AMERICA," WAKE FOREST LAW REVIEW ~~Vol. 29, 1994, http://docs.rwu.edu/cgi/viewcontent.cgi?article=1065andcontext=law_fac_fs, ghs//BZ 83 +The Court's decision in R.A.V. reaffirms the preeminence of free 84 +AND 85 +; or (3) simply the cathartic experience of engaging in dissent. 86 + 87 + 88 +====B~~ If we let racists talk NOW, it strengthens civil liberty protections for marginalized groups in the future–the ACLU Skokie case and Terminiello decision proves ==== 89 +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 90 +The critique of neutrality would affect not simply how we draft our ordinances, but 91 +AND 92 +have effects far beyond the classic triad of deterrence, reform and retribution. 93 + 94 + 95 +====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==== 96 +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 97 +Delgado and Yun characterize these arguments as "paternalistic" and "seriously flawed. 98 +AND 99 +likely would feel pressures to maintain its status as a minimally integrated institution. 100 + 101 + 102 +====Hate speech increasing on campuses now – multiple incidents prove only the aff solves==== 103 +Yan et al 12/22, Holly Yan, Kristina Sgueglia and Kylie Walker, Cnn 16 ~~~~, "'Make America White Again': Hate speech and crimes post-election," CNN, 12-22-2016, http://www.cnn.com/2016/11/10/us/post-election-hate-crimes-and-fears-trnd/, ghs//BZ 104 +Fears of heightened bigotry and hate crimes have turned into reality for some Americans after 105 +AND 106 +waiting to walk her to her next class, according to campus police. 107 + 108 + 109 +====Historically free speech has been far more important for racial equality movements than hate speech regulation–that's what we must focus on protecting==== 110 +**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)** 111 +It is particularly important to devise anti-racism strategies consistent with the first amendment 112 +AND 113 +theme of more than rhetorical significance in egalitarian such as the women's movement. 114 + 115 + 116 +====Race-specific speech codes will get co-opted and turned into a useless paradox ==== 117 +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 118 +At the very least, this approach would promise a quick solution to the abuse 119 +AND 120 +plentiful supply; the policeman's grandmother will offer poignant firsthand testimony to that. - EntryDate
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... ... @@ -1,0 +1,120 @@ 1 +===Part One: Framework=== 2 + 3 + 4 +====I value justice. ==== 5 + 6 + 7 +====Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== 8 +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 justice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 ghs//VA 9 +Finally, to recognize the operation of structural violence forces us to ask questions about 10 +AND 11 +local cultures, will be our most surefooted path to building lasting peace. 12 + 13 + 14 +====Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 15 +Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE 16 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 17 +AND 18 +used to currently justify the living wages in under our contemporary moral parameters. 19 + 20 + 21 +====Thus, the standard is reducing structural violence. ==== 22 + 23 + 24 +===Part Two: Speech Codes=== 25 + 26 + 27 +====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==== 28 +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 29 +One other paradox fissures the hate speech movement. Because these scholars wish to show 30 +AND 31 +The contemporary aim is not to resist power, but to enlist power. 32 + 33 + 34 +====The anti-black implementation of speech codes manifests itself in several ways.==== 35 + 36 + 37 +**====A~~ The evidence shows that minorities get persecuted, not white people–Great Britain' censorship and the Michigan speech codes prove ====** 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 +**First**, there is no persuasive psychological evidence that punishment for name- calling changes 40 +AND 41 +**far more problems of equality and enforceability than it would solve.387 ** 42 + 43 + 44 +====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 ==== 45 +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 46 +The second "paternalistic objection," that "~~a~~ntiracism rules will end up 47 +AND 48 +to view the mural critically and test the speakers' interpretations with their own. 49 + 50 + 51 +====B~~ Policing hate speech doesn't scrub out racism at its roots–rather it exacerbates racial tensions, creates backlash, and makes racism harder to grapple with by driving it underground—we should let the true racists speak so that we know who they are==== 52 +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) 53 +SPEECH CODES MAY EXACERBATE THE VERY TENSIONS THEY SEEK TO ALLEVIATE Some will argue that 54 +AND 55 +originally led to these injuries and hinders the continued fight against those ideologies. 56 + 57 + 58 +====C~~ Speech codes glorify white supremacists by handing them a cross to hang themselves on by pitting them against government censorship ==== 59 +**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)** 60 +A second reason why censorship of racist speech actually may sub- vert, rather 61 +AND 62 +it ex- presses.392 The British experience confirms this prediction.393 63 + 64 + 65 +====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 a white supremacist hero and spreads the movement==== 66 +Martin Gelin 14, ~~Slate~~, "While Flight," 13 November 2014, Slate.com. RFK 67 +Spencer spent the next three days in a Budapest jail, which he didn't seem 68 +AND 69 +American white supremacists connect with Europe's far-right groups than anything else. 70 + 71 + 72 +===Part Three: Let Them Talk === 73 + 74 + 75 +====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.==== 76 + 77 + 78 +====Several benefits: ==== 79 + 80 + 81 +====A~~ Giving the option of free speech is intrinsically valuable – speech as catharsis and self-expression drives value to life and moral virtues ==== 82 +Edward J. Eberle 94 ~~Associate Professor of Law, Roger Williams University School of Law (B.A. Columbia 1978; J.D. Northwestern 1982).~~, "HATE SPEECH, OFFENSIVE SPEECH, AND PUBLIC DISCOURSE IN AMERICA," WAKE FOREST LAW REVIEW ~~Vol. 29, 1994, http://docs.rwu.edu/cgi/viewcontent.cgi?article=1065andcontext=law_fac_fs, ghs//BZ 83 +The Court's decision in R.A.V. reaffirms the preeminence of free 84 +AND 85 +; or (3) simply the cathartic experience of engaging in dissent. 86 + 87 + 88 +====B~~ If we let racists talk NOW, it strengthens civil liberty protections for marginalized groups in the future–the ACLU Skokie case and Terminiello decision proves ==== 89 +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 90 +The critique of neutrality would affect not simply how we draft our ordinances, but 91 +AND 92 +have effects far beyond the classic triad of deterrence, reform and retribution. 93 + 94 + 95 +====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==== 96 +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 97 +Delgado and Yun characterize these arguments as "paternalistic" and "seriously flawed. 98 +AND 99 +likely would feel pressures to maintain its status as a minimally integrated institution. 100 + 101 + 102 +====Historically free speech has been far more important for racial equality movements than hate speech regulation–that's what we must focus on protecting==== 103 +**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)** 104 +It is particularly important to devise anti-racism strategies consistent with the first amendment 105 +AND 106 +theme of more than rhetorical significance in egalitarian such as the women's movement. 107 + 108 + 109 +====Restricting speech on campuses creates a slippery slope that justifies broader censorship – it's time to expose hate groups and mobilize against injustice in order to promote discourse==== 110 +ACLU 16, American Civil Liberties Union, "Hate Speech on Campus," 2016, https://www.aclu.org/other/hate-speech-campus, ghs//BZ 111 +Many universities, under pressure to respond to the concerns of those who are the 112 +AND 113 +, publish or assemble any place in the United States are thereby weakened." 114 + 115 + 116 +====Race-specific speech codes will get co-opted and turned into a useless paradox ==== 117 +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 118 +At the very least, this approach would promise a quick solution to the abuse 119 +AND 120 +plentiful supply; the policeman's grandmother will offer poignant firsthand testimony to that. - EntryDate
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... ... @@ -1,0 +1,114 @@ 1 +==1AC == 2 + 3 + 4 +===FW=== 5 + 6 + 7 +====WE ARE A NATION OF COWARDS – whether it be shutting down critical dialogue that make us uncomfortable or refusing to even hear and identify Richard Spencer's racist viewpoints, the status quo fails to recognize that disagreement is inevitable – if Spencer and his followers will just take their bigotry to the nearby city, to the streets, or to the Internet, the question then is HOW and WHERE we can approach opposing viewpoints and deconstruct our echo chambers – Any restrictions on free speech allow dominant viewpoints to go unchallenged and censor the very people they try to protect ==== 8 + 9 + 10 +====Thus, Public colleges and universities in the United States ought not restrict any constitutionally protected speech. ==== 11 + 12 + 13 +====I value justice. ==== 14 + 15 + 16 +====Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences.==== 17 +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 justice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 ghs//VA 18 +Finally, to recognize the operation of structural violence forces us to ask questions about 19 +AND 20 +local cultures, will be our most surefooted path to building lasting peace. 21 + 22 + 23 +====Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 24 +Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE 25 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 26 +AND 27 +used to currently justify the living wages in under our contemporary moral parameters. 28 + 29 + 30 +====Thus, the standard is reducing structural violence. ==== 31 + 32 + 33 +===Adv 1 – Censorship=== 34 + 35 + 36 +====Universities reify oppressive norms under the guise of protecting students from threats – censorship targets critical studies as "anti- American" allowing dominant empires to divide and rule – right-wing elites coopt false claims of protecting freedom to maintain oppression ==== 37 +**Chatterjee and Maira '14 **(Chatterjee, Piya, and Sunaina Maira. "The imperial university: Race, war, and the nation-state." The imperial university: Academic repression and scholarly dissent (2014): 1-50, —ghs//sk) 38 +State warfare and militarism have shored up deeply powerful notions of patriotism, intertwined with 39 +AND 40 +academic research on communities that were supposedly "breeding grounds" for terrorism. 41 + 42 + 43 +====Speech codes are used against minorities not white people – Great Britain' censorship and the Michigan speech codes prove ==== 44 +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) 45 +First, there is no persuasive psychological evidence that punishment for name- calling changes 46 +AND 47 +far more problems of equality and enforceability than it would solve.387 48 + 49 + 50 +====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 ==== 51 +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 52 +The second "paternalistic objection," that "~~a~~ntiracism rules will end up 53 +AND 54 +to view the mural critically and test the speakers' interpretations with their own. 55 + 56 + 57 +====Conflict and hate is inevitable – it's a question of whether it occurs on the street beside campus or in a safer classroom – the aff is a creative approach to recognize difference and avoid extermination of the "other"==== 58 +David Nichtern 11 ~~~~, "Are Conflict And War Inevitable?," Huffington Post, 5-10-2011, span class="skimlinks-unlinked"http://www.huffingtonpost.com/david-nichtern/conflict-resolution_b_859372.html/span, ghs//BZ 59 +If you study history, it seems that conflict and warfare are part of the 60 +AND 61 +possible at the personal level and it is possible at the collective level. 62 + 63 + 64 +====Any restriction on speech creates a chilling effect and allows colleges to define what ideas are accepted according to the dominant agenda ==== 65 +**Herron '94 (Vince, Jan 1994, runs a law firm, University of California, Los Angeles** 66 +**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)** 67 +**Professor **Matsuda argues that, under principles of academic freedom and free expression, " 68 +AND 69 +increasing the speech on university campuses. Speech codes do just the opposite. 70 + 71 + 72 +====Restrictions lock in echo chambers that amplify polarization and suppress opposing viewpoints – engagement is key to challenge dominant narratives and recognize pluralism==== 73 +Greg Lukianoff 13 ~~~~, "How Colleges Create the "Expectation of Confirmation", The State of the American Mind, 10-29-2013, http://www.soamcontest.com/content/how-colleges-create-expectation-confirmation, ghs//BZ 74 +The modern disinvitation movement represents a dramatic (if gradual) shift away from the 75 +AND 76 +" and the "expectation of confirmation" remain a reality on campus. 77 + 78 + 79 +===Adv 2 – Let Them Talk=== 80 + 81 + 82 +====Letting bigots express hate provides understanding of the opposition and allows strategic points of attack – targets of hate speech have a right to say nothing and instead mobilize community support in addressing bigotry – empirically proven==== 83 +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 84 +Delgado and Yun characterize these arguments as "paternalistic" and "seriously flawed. 85 +AND 86 +likely would feel pressures to maintain its status as a minimally integrated institution. 87 + 88 + 89 +====Policing hate speech doesn't scrub out racism at its roots–it exacerbates it with backlash, and drives it underground—we should let the true racists speak so that we know who they are==== 90 +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) 91 +SPEECH CODES MAY EXACERBATE THE VERY TENSIONS THEY SEEK TO ALLEVIATE Some will argue that 92 +AND 93 +originally led to these injuries and hinders the continued fight against those ideologies. 94 + 95 + 96 +====Speech codes glorify white supremacists by handing them a cross to hang themselves on by pitting them against government censorship ==== 97 +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) 98 +A second reason why censorship of racist speech actually may sub- vert, rather 99 +AND 100 +it ex- presses.392 The British experience confirms this prediction.393 101 + 102 + 103 +====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 a white supremacist hero and spreads the movement overseas==== 104 +Martin Gelin 14, ~~Slate~~, "While Flight," 13 November 2014, Slate.com. RFK 105 +Spencer spent the next three days in a Budapest jail, which he didn't seem 106 +AND 107 +American white supremacists connect with Europe's far-right groups than anything else. 108 + 109 + 110 +====If we let racists talk NOW, it strengthens civil liberty protections for marginalized groups in the future–the ACLU Skokie case and Terminiello decision proves ==== 111 +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 112 +The critique of neutrality would affect not simply how we draft our ordinances, but 113 +AND 114 +have effects far beyond the classic triad of deterrence, reform and retribution. - EntryDate
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