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-====I value State Legitimacy.==== |
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-====Legitimacy requires both the right agent and the right action. Even a “good” action isn’t legitimate if the wrong agent takes it: a criminal may be guilty, but I can’t imprison them, since I lack the authority to do so.==== |
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-Simmons: Simmons, A. John. Commonwealth Professor of Philosophy and Professor of Law, UVA. “Justification and Legitimacy.” Ethics, Vol. 109, No. 4. July 1999. MZ |
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-In opposition to |
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- duties on you. |
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-====Legitimate states gain authority from the people, and thus have no external right of control over them.==== |
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-Rousseau 1: Rousseau, Jean Jacques. The Social Contract or Principles of Political Right. Translated by G.D.H Cole, Constitution Project, 1762. CH |
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-I SUPPOSE men |
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-most frightful abuse. |
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-====Next, through acts like legislation or taxation, states inevitably use people as a means. Thus, the people must be the basis of legislative sovereignty to ensure that they’re part of the ends for which they’re being used.==== |
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-Rousseau 2: Rousseau, Jean Jacques. The Social Contract or Principles of Political Right. Translated by G.D.H Cole, Constitution Project, 1762. CH |
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-The general will |
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- would be dissolved. |
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-====Thus, the standard is Upholding Democratic Checks on State Power. Upholding Democratic Checks on State Power means respecting citizens’ procedural limits on decision-making.==== |
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-====Prefer this standard:==== |
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-====Discussion of the First Amendment mandates a non-consequentialist lens.==== |
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-Goldberg: Goldberg, Erica. Assistant Professor, Ohio Northern Law School “Free Speech Consequentialism.” Columbia Law Review, Volume 116, 2016. RP |
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-1. The First Amendment |
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-what is unreasonable. |
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-====Legitimacy controls the link to consequentialism, increasing net happiness and providing a concrete way to check the state.==== |
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-Gilley: Gilley, B. “The Consequences of Legitimacy.” September 2008. RP |
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-Legitimacy is a |
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- claim their obedience. |
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-====Epistemology – inclusion of multiple perspectives through democratic procedures justify states authority and produces better decisions==== |
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-Estlund: Estlund, David M. Democratic Authority: A Philosophical Framework. Princeton, NJ: Princeton University Press, 2009. MT |
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-On this account, |
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- be generally acceptable. |
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-====Advocacy: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.==== |
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-====First, Speech codes arbitrarily deny Constitutional rights based on physical location, creating unchecked and illegitimate action.==== |
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-====CPS is the most basic check on the state, letting people object to policies without fear of punishment. Yet college speech codes artificially distinguish between students and other citizens.==== |
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-Berns: Berns, Walter. Professor Emeritus, Georgetown University “Freedom of the Press on the College Campus.” New England Law Review, Vol. 9: 153, 1973. EL |
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-It has never |
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- the schoolhouse gate.” |
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-====And the First Amendment isn’t context-dependent; it protects people regardless of where they speak.==== |
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-Haynes: Haynes, Charles C. Director of the Religious Freedom Education Project at the Newseum, Senior Scholar at the First Amendment Center “First Amendment Rights Don't Stop at School Door.” The Daily Progress, 2010. EL |
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-In both incidents, |
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-what you teach. |
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-====Indeed, academic spaces are the most important place to secure constitutionally protected speech, since those are at risk when administrators control them. Speech codes have no brightline: any standard for offensiveness is infinitely expandable==== |
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-Majeed: Majeed, Azhar. Robert H. Jackson Legal Fellow, Foundation for Individual Rights in Education “Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes.” The Journal of Law and Public Policy, Volume 7, 2009. MZ |
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-Second, speech codes |
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- by “intellectual stagnation.”147 |
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-====Second, regardless of the action’s benefits, public schools are the wrong actors to limit CPS.==== |
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-====Public schools, as state actors, are bound to state laws, even if private schools aren’t.==== |
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-FIRE 1: FIRE. Foundation for Individual Rights in Education “Private Universities.” FIRE, 2016. BS |
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-When discussing free |
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-choosing to attend. |
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-====And the Supreme Court, the only actor with authority to strike down laws, has repeatedly declared public college speech codes unconstitutional.==== |
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-Welch: Welch, Benjamin M. University of Nebraska-Lincoln “An Examination of University Speech Codes’ Constitutionality and Their Impact on High-Level Discourse.” Graduate College at the University of Nebraska, August 2014. MZ |
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-Court cases influencing |
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- or high schools.”101 |
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-====Further, the Constitution ALREADY accounts for specific speech restrictions. The issue isn’t whether all speech is good, but whether schools have authority to restrict it beyond what the Constitution does.==== |
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-FIRE 2: FIRE. Foundation for Individual Rights in Education “FIRE’s Guide to Free Speech on Campus — Full Text.” Guides, 2017. EL |
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-The bottom line |
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- than is necessary. |
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-====Indeed, speech codes are far too ambiguous to administer consistently, giving administrators unchecked authority.==== |
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-Tidmarsh: Tidmarsh, Kevin. Senior Reporter at The Student Life “Pitzer Students Address Free Speech on Campus.” The Student Report, March 8, 2013. MZ |
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-Free speech policies |
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- offensive” Rice said. |
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-====And the IMPACTS OF THE SPEECH DON’T MATTER. Regardless of how bad speech might be, ONLY the courts have the authority to limit it.==== |
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-Mott: Mott, Jonathan. Ph.D.; Chief Learning Officer, Learning Objects “First Amendment: Speech.” ThisNation.com, no date. CH |
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-While the First |
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- Free Exercise cases.) |