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++Part 1: Framing
++
++Methodological pluralism is necessary for effective critique and is key to avoiding endless political violence in academia.  Bleiker 14
++
++Bleiker 14 – (6/17, Roland, Professor of International Relations at the University of Queensland, "International Theory Between Reification and Self-Reflective Critique," International Studies Review, Volume 16, Issue 2, pages 325–327).  NS
++
++This book is part of an increasing trend of scholarly works that have embraced poststructural critique but want to ground it in more positive political foundations, while retaining a reluctance to return to the positivist tendencies that implicitly underpin much of constructivist research. The path that Daniel Levine has carved out is innovative, sophisticated, and convincing. A superb scholarly achievement. For Levine, the key challenge in international relations (IR) scholarship is what he calls “unchecked reification”: the widespread and dangerous process of forgetting “the distinction between theoretical concepts and the real-world things they mean to describe or to which they refer” (p. 15).  The dangers are real, Levine stresses, because IR deals with some of the most difficult issues, from genocides to war. Upholding one subjective position without critical scrutiny can thus have far-reaching consequences. Following Theodor Adorno—who is the key theoretical influence on this book—Levine takes a post-positive position and assumes that the world cannot be known outside of our human perceptions and the values that are inevitably intertwined with them. His ultimate goal is to over- come reification, or, to be more precise, to recognize it as an inevitable aspect of thought so that its dangerous consequences can be mitigated. Levine proceeds in three stages: First he reviews several decades of IR theories to resurrect critical moments when scholars displayed an acute awareness of the dangers of reification.  He refreshingly breaks down distinctions between conventional and progressive scholarship, for he detects self-reflective and critical moments in scholars that are usually associated with straightforward positivist positions (such as E.H. Carr, Hans Morgenthau, or Graham Allison).  But Levine also shows how these moments of self-reflexivity never lasted long and were driven out by the compulsion to offer systematic and scientific knowledge. The second stage of Levine’s inquiry outlines why IR scholars regularly closed down critique. Here, he points to a range of factors and phenomena, from peer review processes to the speed at which academics are meant to publish.  And here too, he eschews conventional wisdom, showing that work conducted in the wake of the third debate, while explicitly post-positivist and critiquing the reifying tendencies of existing IR scholarship, often lacked critical self-awareness.  As a result, Levine believes that many of the respective authors failed to appreciate sufficiently that “reification is a consequence of all thinking—including itself” (p. 68). The third objective of Levine’s book is also the most interesting one. Here, he outlines the path toward what he calls “sustainable critique”: a form of self-reflection that can counter the dangers of reification.  Critique, for him, is not just something that is directed outwards, against particular theories or theorists. It is also inward-oriented, ongoing, and sensitive to the “limitations of thought itself” (p. 12). The challenges that such a sustainable critique faces are formidable. Two stand out: First, if the natural tendency to forget the origins and values of our concepts are as strong as Levine and other Adorno-inspired theorists believe they are, then how can we actually recognize our own reifying tendencies? Are we not all inevitably and subconsciously caught in a web of meanings from which we cannot escape? Second, if one constantly questions one’s own perspective, does one not fall into a relativism that loses the ability to establish the kind of stable foundations that are necessary for political action? Adorno has, of course, been critiqued as relentlessly negative, even by his second-generation Frankfurt School successors (from Ju€rgen Habermas to his IR interpreters, such as Andrew Link- later and Ken Booth). The response that Levine has to these two sets of legitimate criticisms are, in my view, both convincing and useful at a practical level. He starts off with depicting reification not as a flaw that is meant to be expunged, but as an a priori condition for scholarship. The challenge then is not to let it go unchecked. Methodological pluralism lies at the heart of Levine’s sustainable critique. He borrows from what Adorno calls a “constellation”: an attempt to juxtapose, rather than integrate, different perspectives. It is in this spirit that Levine advocates multiple methods to understand the same event or phenomena.  He writes of the need to validate “multiple and mutually incompatible ways of seeing” (p. 63, see also pp. 101–102). In this model, a scholar oscillates back and forth between different methods and paradigms, trying to understand the event in question from multiple perspectives. No single method can ever adequately represent the event or should gain the upper hand.  But each should, in a way, recognize and capture details or perspectives that the others cannot (p. 102). In practical terms, this means combining a range of methods even when—or, rather, precisely when—they are deemed incompatible.  They can range from poststructual deconstruction to the tools pioneered and championed by positivist social sciences. The benefit of such a methodological polyphony is not just the opportunity to bring out nuances and new perspectives. Once the false hope of a smooth synthesis has been abandoned, the very incompatibility of the respective perspectives can then be used to identify the reifying tendencies in each of them. For Levine, this is how reification may be “checked at the source” and this is how a “critically reflexive moment might thus be rendered sustainable” (p. 103). It is in this sense that Levine’s approach is not really post-foundational but, rather, an attempt to “balance foundationalisms against one another” (p. 14). There are strong parallels here with arguments advanced by assemblage thinking and complexity theory—links that could have been explored in more detail.
++
++Free speech is a pre-requisite to any rational moral system- without it self-realization is impossible. Eberle 94
++Eberle, Law @ Roger Williams, 94  (Wake Forest LR, Winter)
++
++The Court's decision in R.A.V. reaffirms the preeminence of free speech in our constitutional value structure. n62 Theoretically, free speech is intrinsically valuable as a chief means by which we develop our faculties and control our destinies. n63 Free speech is also of instrumental value in facilitating other worthy ends such as democratic or personal self-government, n64 public and private decisionmaking, n65 and the advancement of knowledge and truth. n66 Ultimately, the value of free speech rests upon a complex set of justifications, as compared to reliance on any single foundation. n67 The majority of the Court in R.A.V. preferred a nonconsequentialist view, finding that speech is valuable as an end itself, independent of any consequences that it might produce. In this view, free speech is an essential part of a just and free society that treats all people as responsible moral agents. Accordingly, people are entrusted with the responsibility of making judgments about the use or abuse of speech. n68 From this vantage point, the majority saw a certain moral equivalency in all speech. Even hate speech merits protection under the First Amendment, because all speech has intrinsic value. This is so because all speech, even hate speech, is a communication to the world, and therefore implicates the speaker's autonomy or self-realization. Additionally, any information might be valuable to a listener who can then decide its importance or how best to use it. Accordingly, any suspicion or evidence of governmental censorship must be vigilantly investigated.
++
++Epistemic humility demands free speech. Dalmia, 9/22
++(Shikha,  Senior Analyst/Award winning Journalist   http://reason.com/blog/2016/09/22/debating-nyus-jeremy-waldron-on-free-spe)
++One: Hate speech bans make us impatient and dogmatic The main reason that libertarians like me are partisans of free speech is not because we believe that a moral laissez faire, anything goes attitude, is in itself a good thing for society. Rather, it stems from an epistemic humility that we can't always know what is good or bad a priori – through a feat of pure Kantian moral reasoning. Moral principles, as much as scientific ones, have to be discovered and developed and the way to do so is by letting competing notions of morality duke it out in what John Stuart Mill called the marketplace of ideas. Ideas that win do so by harmonizing people's overt moral beliefs with their deeper moral intuitions or, as Jonathan Rauch notes, by providing a "moral education." This is how Mahatma Gandhi, Martin Luther King and Frank Kamney, the gay rights pioneer, managed to open society's eyes to its injustices even though what they were suggesting was so radical for their times. But this takes time. With free speech, societies have to play the long game. It takes time to change hearts and minds and one can't be certain that one's ideas will win out in the end. One has to be willing to lose. The fruits of censorship ~-~- winning by rigging the rules and silencing the other side ~-~- seem immediate and certain. But they unleash forces of thought control and dogmatism and repression and intolerance that are hard to contain, precisely what we are seeing right now on campuses.
++
++Consequentially, Free speech is a gateway to every other impact. D’Souza 96
++(Frances, Prof. Anthropology Oxford, http://www.europarl.europa.eu/hearings/19960425/droi/freedom_en.htm?textMode=on)
++
++In the absence of freedom of expression which includes a free and independent media, it is impossible to protect other rights, including the right to life. Once governments are able to draw a cloak of secrecy over their actions and to remain unaccountable for their actions then massive human rights violations can, and do, take place. For this reason alone the right to freedom of expression, specifically protected in the major international human rights treaties, must be considered to be a primary right. It is significant that one of the first indications of a government's intention to depart from democratic principles is the ever increasing control of information by means of gagging the media, and preventing the freeflow of information from abroad. At one end of the spectrum there are supposedly minor infringements of this fundamental right which occur daily in Western democracies and would include abuse of national security laws to prevent the publication of information which might be embarrassing to a given government: at the other end of the scale are the regimes of terror which employ the most brutal moves to suppress opposition, information and even the freedom to exercise religious beliefs. It has been argued, and will undoubtedly be discussed at this Hearing, that in the absence of free speech and an independent media, it is relatively easy for governments to capture, as it were, the media and to fashion them into instruments of propaganda, for the promotion of ethnic conflict, war and genocide. 2. Enshrining the right to freedom of expression The right to freedom of expression is formally protected in the major international treaties including the United Nations Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights. In addition, it is enshrined in many national constitutions throughout the world, although this does not always guarantee its protection. Furthermore, freedom of expression is, amongst other human rights, upheld, even for those countries which are not signatories to the above international treaties through the concept of customary law which essentially requires that all states respect the human rights set out in the Universal Declaration of Human Rights by virtue of the widespread or customary respect which has been built up in the post World War II years. 3. Is free speech absolute? While it is generally accepted that freedom of expression is, and remains the cornerstone of democracy, there are permitted restrictions encoded within the international treaties which in turn allow for a degree of interpretation of how free free speech should be. Thus, unlike the American First Amendment Rights which allow few, if any, checks on free speech or on the independence of the media, the international treaties are concerned that there should be a balance between competing rights: for example, limiting free speech or media freedom where it impinges on the individual's right to privacy; where free speech causes insult or injury to the rights and reputation of another; where speech is construed as incitement to violence or hatred, or where free speech would create a public disturbance. Given that these permitted restrictions are necessarily broad, the limits of free speech are consistently tested in national law courts and, perhaps even more importantly, in the regional courts such as the European Commission and Court of Human Rights. In recent years several landmark cases have helped to define more closely what restrictions may be imposed by government and under what circumstances. In particular, it has been emphasised by the European Court that any restriction must comply with a three-part test which requires that any such restriction should first of all be prescribed by law, and thus not arbitrarily imposed: proportionate to the legitimate aims pursued, and demonstrably necessary in a democratic society in order to protect the individual and/or the state. 4. Who censors what? Despite the rather strict rules which apply to restrictions on free speech that governments may wish to impose, many justifications are nevertheless sought by governments to suppress information which is inimical to their policies or their interests. These justifications include arguments in defence of national and/or state security, the public interst, including the need to protect public morals and public order and perfectly understandable attempts to prevent racism, violence, sexism, religious intolerance and damage to the indi-vidual's reputation or privacy. The mechanisms employed by governments to restrict the freeflow of information are almost endless and range from subtle economic pressures and devious methods of undermining political opponents and the independent media to the enactment of restrictive press laws and an insist-ence on licensing journalists and eventually to the illegal detention, torture and disappearances of journalists and others associated with the expression of independent views. 5. Examples of censorship To some the right to free speech may appear to be one of the fringe human rights, especially when compared to such violations as torture and extra-judicial killings. It is also sometimes difficult to dissuade the general public that censorship, generally assumed to be something to do with banning obscene books or magazines, is no bad thing! It requires a recognition of some of the fundamental principles of democracy to understand why censorship is so immensely dangerous. The conditon of democracy is that people are able to make choices about a wide variety of issues which affect their lives, including what they wish to see, read, hear or discuss. While this may seem a somewhat luxurious distinction preoccupying, perhaps, wealthy Western democracies, it is a comparatively short distance between government censorship of an offensive book to the silencing of political dissidents. And the distance between such silencing and the use of violence to suppress a growing political philosophy which a government finds inconvenient is even shorter. Censorship tends to have small beginnings and to grow rapidly. Allowing a government to have the power to deny people information, however trivial, not only sets in place laws and procedures which can and will be used by those in authority against those with less authority, but it also denies people the information which they must have in order to monitor their governments actions and to ensure accountability. There have been dramatic and terrible examples of the role that censorship has played in international politics in the last few years: to name but a few, the extent to which the media in the republics of former Yugoslavia were manipulated by government for purposes of propaganda; the violent role played by the government associated radio in Rwanda which incited citizens to kill each other in the name of ethnic purity and the continuing threat of murder issued by the Islamic Republic of Iran against a citizen of another country for having written a book which displeased them. 6. The link between poverty, war and denial of free speech There are undoubted connections between access to information, or rather the lack of it, and war, as indeed there are between poverty, the right to freedom of expression and development. One can argue that democracy aims to increase participation in political and other decision-making at all levels. In this sense democracy empowers people. The poor are denied access to information on decisions which deeply affect their lives, are thus powerless and have no voice; the poor are not able to have influence over their own lives, let alone other aspect of society. Because of this essential powerlessness, the poor are unable to influence the ruling elite in whose interests it may be to initiate conflict and wars in order to consolidate their own power and position. Of the 126 developing countries listed in the 1993 Human Development Report, war was ongoing in 30 countries and severe civil conflict in a further 33 countries. Of the total 63 countries in conflict, 55 are towards the bottom scale of the human development index which is an indicator of poverty. There seems to be no doubt that there is a clear association between poverty and war. It is reasonably safe to assume that the vast majority of people do not ever welcome war. They are normally coerced, more often than not by propaganda, into fear, extreme nationalist sentiments and war by their governments. If the majority of people had a democratic voice they would undoubtedly object to war. But voices are silenced. Thus, the freedom to express one's views and to challenge government decisions and to insist upon political rather than violent solutions, are necessary aspects of democracy which can, and do, avert war. Government sponsored propaganda in Rwanda, as in former Yugoslavia, succeeded because there weren't the means to challenge it. One has therefore to conclude that it is impossible for a particular government to wage war in the absence of a compliant media willing to indulge in government propaganda. This is because the government needs civilians to fight wars for them and also because the media is needed to re-inforce government policies and intentions at every turn.
++
++Plan Text: Public colleges and universities in the United States ought not restrict any constitutionally protected journalist speech.
++
++Advantage 1: Stop The Press
++
++Censorship of student journalism is increasing at the worst possible time. Censorship discourages questioning the government. Schuman 12/8
++(Rebecca, http://www.slate.com/articles/life/education/2016/12/student_journalists_are_under_threat.html)
++Well, here’s some great news to cheer you up: The American student press is under siege! Apparently, we’ve been too busy blowing gaskets over professor watch lists and “safe spaces” to recognize the actual biggest threat to free speech on college campuses today. According to a new report by the American Association of University Professors, in conjunction with three other nonpartisan free-speech advocacy organizations, a disquieting trend of administrative censorship of student-run media has been spreading quietly across the country—quietly, of course, because according to the report, those censorship efforts have so far been successful. The report finds that recent headlines out of Mount St. Mary’s University, for example, may be “just the tip of a much larger iceberg.” Indeed, “it has become disturbingly routine for student journalists and their advisers to experience overt hostility that threatens their ability to inform the campus community and, in some instances, imperils their careers or the survival of their publications.” The report chronicles more than 20 previously unreported cases of media advisers “suffering some degree of administrative pressure to control, edit, or censor student journalistic content.” Furthermore, this pressure came “from every segment of higher education and from every institutional type: public and private, four-year and two-year, religious and secular.” It gets worse. In many of the cases in the report, administration officials “threatened retaliation against students and advisers not only for coverage critical of the administration but also for otherwise frivolous coverage that the administrators believed placed the institution in an unflattering light,” including an innocuous listicle of the best places to hook up on campus. In many cases, the student publications were subject to prior review from either an adviser who reported directly to the administration or the administration itself. Prior review means getting what’s in your newspaper signed off on by someone up top before it can be published. It is—to use the parlance of my years of professional journalistic training that began with my time as features editor of the Vassar College Miscellany News in the mid-’90s—absolute bullshit. (At public universities, it’s also illegal.) First, and most obviously, this is because a free student press is a hallmark of the American higher education system, and any threat to that freedom is on its face worrying. But there’s also this: The last thing we need right now, in the creeping shadow of American authoritarianism, is an entire generation of fledgling journalists who’ve come up thinking censorship is acceptable.
++
++The legal justification for newspaper censorship is a 7th circuit decision that applied Hazelwood to universities-this allows unchecked arbitrary censorship by administrators. Goodman 05
++( S. Mark Goodman, Michael C. Hiestand, Student Press Law Center 2005 WL 2736314 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Margaret L. HOSTY, Jeni S. Porche, and Steven P. Barba, Petitioners, v. Patricia CARTER, Respondent. No. 05-377. October 20, 2005. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit Brief of Amici Curiae Student Press Law Center, Associated Collegiate Press, College Media Advisers, Community College Journalism Association, Society for Collegiate Journalists, Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, National Newspaper Association, Newspaper Association of America, Society of Professional Journalists, Associated Press Managing Editors, College Newspaper Business and Advertising Managers, National Federation of Press Women, National Lesbian and Gay Journalists Association and the Independent Press Association/Campus Journalism Project in Support of Petition of Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba for Writ of Certiorari Of Counsel: S. Mark Goodman, Michael C. Hiestand, Student Press Law Center, 1101 Wilson Blvd., Ste 1100, Arlington, VA 22209-2211, (703) 807-1904. Richard M. Goehler, (Counsel of Record), Frost Brown Todd LLC, 2200 PNC Center, 201 East Fifth Street, Cincinnati, Ohio 45202, (513) 651-6800, Counsel for Amici Curiae.)
++In contrast to many high school censorship incidents, public college administrators today are less likely to be successful in their efforts to restrict the student press. This is usually (and perhaps only) because of the First Amendment protections that courts have consistently accorded college journalists. That circumstance would surely change were Hazelwood extended to limit the rights of college student journalists. Among some of the stories in college student publications that could be subject to censorship under the Hazelwood standard: • An opinion piece opposing an upcoming referendum that would have provided the college with revenue collected from property taxes. University officials, claiming the paper contained typographical and grammatical errors, confiscated and destroyed 10,000 copies of the paper. After students threatened legal action, the school agreed to reprint the newspaper.14 • An article detailing the incoming university president’s expenditure of state funds, including more than $100,000 spent to remodel the president’s home and pay for *17 his inauguration. Following publication, the president transferred the newspaper’s adviser to another position at the school, an act that generated considerable public attention. The president later resigned after being questioned by state legislators regarding the spending that had been reported in the student newspaper. The adviser was remstated.15 • A yearbook story reporting that members of the school’s volleyball team were removed for bringing alcohol on a team trip and a feature spread on sex and relationships. Following publication, the yearbook editor lost his job. After the editor sued, the school agreed to a settlement in which it paid the editor $10,000 and agreed to a publications policy that prohibited administrative interference with the content of student publications.16 • An editorial cartoon, featuring cartoon figures as university officials, commenting on a U.S. Department of Education report that found the school had misused public funds when it paid for a trip to Disney World by students and school officials. One of those portrayed, the vice president of student affairs, temporarily halted printing of the issue - but released them after students objected.17 If Hazelwood is allowed to determine the level of First Amendment protection to which America’s college student media are entitled, there is no doubt university administrators are poised to take advantage of their new *18 censorship powers. Word has already begun to spread that the standard “hands-off student media” policies recognized by college officials in the past may no longer be required. In California, for example - 2,000 miles west of the Governors State University campus and far beyond the jurisdiction of the Seventh Circuit - administrators at California State University system schools received a memo from the system’s legal counsel on June 30, 2005 - ten days after the Seventh Circuit handed down its decision - informing them that “Hosty appears to signal that CSU campuses may have more latitude than previously believed to censor the content of subsidized student newspapers….”18 Extending Hazelwood to the university setting is a recipe for encouraging censorship that would dramatically hinder the production of good journalism and the training of good journalists. Amici do not believe this Court intended the censorship of college and university student newspapers to be the legacy of Hazelwood.
++
++Regulation of newspapers is a crucial precedent used to justify widespread campus censorship-it uniquely empowers and protects administrators to censor. Lukianoff 05
++(George, Samantha Harris, Foundation for Individual, Rights in Education, 2005 WL 2736313 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Margaret L. HOSTY et al., Petitioners, v. Patricia CARTER, Respondent. No. 05-377. October 19, 2005. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit Brief Amici Curiae of the Foundation for Individual Rights in Education; The Coalition for Student and Academic Rights; Feminists for Free Expression; The First Amendment Project; Ifeminists.Net; National Association of Scholars; Accuracy in Academia; Leadership Institute; The Individual Rights Foundation; The American Council of Trustees and Alumni; and Students for Academic Freedom in Support of Petitioners)
++Commentators from across the political spectrum, while often disagreeing on the source, the scale, and the cause of the chilling of free speech on campus, have described the current campus environment as one where the “marketplace of ideas” is under siege.13 Whether in the name of “ tolerance,” *17 risk management, or merely peace and quiet, hundreds (if not thousands) of universities have enacted policies and engaged in practices hostile to free and open discourse over the past few decades.14 Starting in the 1980s, colleges enacted “speech codes” under a variety of creative legal theories. Despite numerous decisions ruling these codes unconstitutional15 and this Court's decision in R.A. E v. City of St. Paul, 505 U.S. 377 (1992), which indicated that viewpoint-based speech codes would be unconstitutional, the number of university speech codes actually increased through the 1990s, see Jon Gould, The Precedent that Wasn't, 35 Law and Soc'y Rev. 345 (2001). Over the past twenty years, numerous books have been written alleging an illiberal, intolerant, and/or partisan atmosphere on campus16 in which dissenting viewpoints and unpopular groups are repressed through a variety of measures. More recently, universities have adopted highly restrictive, and sometimes absurd “speech *18 zone” policies restricting speech from all but small comers of the university.17 Thus far, the law has served to protect the collegiate marketplace of ideas from overreaching administrations, requiring policies and practices in keeping with the First Amendment and academic freedom. For example, in Rosenberger, this Court granted religious student groups equal access to student fee funding. In Bait v. Shippensburg University, 280 F. Supp. 2d 357 (M.D. Pa. 2003), a federal court in Pennsylvania ruled Shippensburg University's speech code was unconstitutionally overbroad, and in Roberts v. Haragan, 346 F. Supp. 2d 853 (N.D. Tex. 2004), a federal court in Texas dismissed a speech zone policy as unconstitutionally overbroad. The Hosty decision, however, is a step in the opposite direction. College administrators have already demonstrated a tenacious will to censor even when the law clearly limited their ability to do so. The legal ambiguity that Hosty creates, the unparalleled discretion it grants college administrators, and the legal protection it provides to administrators who censor all threaten to dramatically worsen the campus free speech crisis. If allowed to stand, Hosty will have numerous, specific, predictable, and far reaching negative consequences for free speech and robust debate on America's college campuses. It is no exaggeration to say that the Hosty opinion threatens the existence of the independent collegiate media. Universities have not shown great tolerance for the free press. If there is no longer a presumption of independence or of public forum status when a public university establishes a student newspaper, *19 there should be no doubt that administrators who wish to censor will take advantage of this ambiguity. Public universities will be able to argue that any paper that receives any kind of benefit - whether financial support or simply the use of office space - from the university is subject to administrative control. If past experience is any guide, colleges will pay lip service to the importance of student press freedom, but they will quickly take advantage of any legal means available to punish or control student newspapers that anger or offend students or administrators. For example, in a memorandum to all California State University presidents written only ten days after the Hosty decision, California State University General Counsel Christine Helwick wrote that: while the Hosty decision is from another jurisdiction and, as such, does not directly impact the CSU, the case appears to signal that CSU campuses may have more latitude than previously believed to censor the content of subsidized student newspapers, provided that there is an established practice of regularized content review and approval for pedagogical purposes.18 In this same way, Hosty threatens the existence of independent student groups. If the primary question under Hosty is whether a student group is in some way “subsidized,” any group that receives any sort of benefit or student fees could be threatened with administrative control. The possibility that a court might later determine that the student group or publication was entitled to some form of public forum status would hardly protect the overwhelming majority of these groups that are neither willing nor affluent enough to mount a legal defense. *20 This case also re-opens issues relating to collegiate liability for student media and student groups formerly considered settled. It also allows administrators virtually unlimited freedom to experiment with censorship above and beyond even the broad discretion granted to them under Hosty. Finally, there is no reason to believe this holding will remain limited to public colleges - private colleges that promise free speech to their students tend to base their own speech policies on First Amendment standards.19 Hosty v. Carter will have reverberations from the community college to the Ivy League. Administrators will impose the “intellectual strait jacket” that this Court has long feared, and the consequences will be profound. As FIRE co-founder Alan Charles Kors once said, “A nation that does not educate in freedom will not survive in freedom, and will not even know when it is lost.”20
++
++The plan promotes activism and actively encourages dissent. Status quo Hosty decisions give a green light to admin involvement in all forms of politics. This censorship depoliticizes young people and spills into their future politics. Sanders 06
++Chris Sanders Jd Censorship 101: Anti-Hazelwood Laws and the Preservation of Free Speech at Colleges and Universities 58 Ala. L. Rev. 159, 2006
++*Bracketed for ableist language
++
++More significantly for the realm of American collegiate press freedom, the decision marked the first time that an en banc circuit court ever explicitly applied the Hazelwood framework to an extracurricular student publication. 99 The court rejected the idea that college students' status as adults frees them from Hazelwood's grasp, noting that though age is a relevant factor as to students' maturity, it is irrelevant to other concerns expressed in Hazelwood, such as "the desire to ensure 'high standards for the student speech that is disseminated under the school's auspices'" and "the goal of dissociating the school from 'any position other than neutrality on matters of political controversy.'" 100 The court also refused to draw a bright-line distinction between curricular and extracurricular student speech, though it pointed to evidence that the Innovator reasonably could be considered a limited public forum under Hazelwood. 101 In a vigorous dissent, Circuit Judge Evans argued that the majority underestimated the significance that Hazelwood attached to students' age and that the secondary and postsecondary environments are not analogous. 102 The dissent also observed that no other post-Hazelwood case "would suggest to a reasonable person . . . that she could prohibit publication simply because she did not like the articles the paper was publishing" 103 and warned that Hosty "now gives the green light to school administrators to restrict student speech in a manner inconsistent with the First Amendment." 104¶ B. The Big Chill: How the Hazelwood Framework Could Hurt College Students' Free Speech¶ Even though the Supreme Court opted not to hear an appeal in Hosty, 105 the Seventh Circuit's controversial decision has reinvigorated the old Hazelwood debate and has raised the prospect of college students' fighting the same sort of First Amendment battles they thought they had left behind upon their high school graduations. It thus is both timely and relevant to examine the hazardous and unintended consequences that could ensue if Hazelwood goes to college. *171 ¶ 1. Say No More: Hazelwood's Dangers for College Students' Free Expression¶ Post-Hazelwood censorship disputes have not been limited to high schools; a number of colleges and universities have gotten in on the action as well. In 2003, the acting president of Hampton University in Virginia seized the entire press run of the student newspaper, Hampton Script, after it printed her letter responding to a story about a school cafeteria's health-code violations on page three, rather than on the front page as she requested. 106 An Indiana university last year briefly instituted a policy to require students to get approval from the school's marketing department before speaking with reporters. 107 In Alabama, an art student sued in late 2005 after university officials removed his artwork, which included nudity, from an on-campus exhibit that cautioned visitors before they entered that some of the works might contain nudity. 108 And a growing number of higher-education institutions have begun to test the First Amendment's boundaries by establishing "free speech zones" that limit the on-campus locations where citizens can express their grievances 109 and by instituting (frequently overbroad) "speech codes" in an attempt to combat racial and sexual harassment. 110¶ In today's atmosphere of increasing collegiate regulation of student speech, the application of the Hazelwood test to universities could unintentionally cripple destroy college journalism. Because most colleges' student publications receive some form of financial assistance from the university ~-~- either directly through student fee allocations or indirectly through the provision of free or low-cost office space or equipment ~-~- the Hazelwood framework established for school-sponsored student expression potentially could apply to the vast majority of college publications. 111 Such an outcome would leave student newspaper or yearbook editors in a difficult position: Do they play nice and allow administrators to exercise prior review, which could convert their publications into little more than propaganda-laden puff pieces, or do they stick to their ethical guns and risk funding cuts or worse? Under Hazelwood, college editors would be forced to conduct a cost-benefit analysis when faced with a column that expresses an unpopular opinion or a story *172 that could make their school look bad. Inevitably, like many of their high school counterparts, some might decide to forego the hassle. 112¶ The fallout from Hazelwood's application to colleges would not be limited to newspapers and yearbooks. 113 Other forms of student expression, such as a student group's choice of speaker or performance artist, could be subject to administrative veto. Newly created publications would be especially vulnerable, as they would likely have a more difficult time demonstrating their status as a public forum than established publications. Even professors could wake up one day to discover that the academic freedom they have cherished for so long is now nothing more than "a professional courtesy that college administrators may lawfully disregard on pedagogical grounds." 114 If Hazelwood arrives on college campuses, it is difficult to see a stopping point for the wreckage it could leave in its wake.¶ 2. "Too Much Freedom": How the Extension of Hazelwood to Universities Could Endanger the Future of the First Amendment¶ Because Hazelwood, intentionally or otherwise, greatly expanded secondary school officials' powers to censor student speech on a host of topics, 115 college effectively provides many young people with their first taste of largely unfettered free speech rights. If Hazelwood follows students to universities, however, their introduction to a fully functioning free press could be delayed for years longer. This result would be disastrous for the journalism profession, which soon would find its ranks filled with freshly minted journalism school graduates inadequately prepared to pursue controversial stories aggressively and to endure the backlash therefrom.¶ It also likely would exacerbate what appears to be a disturbing trend in American society: the existence of a sizable plurality of citizens who do not understand the importance of free speech rights. A 2004 University of Connecticut survey of more than 112,000 high school students found that 32 of them think the press has "too much freedom" and that 36 believe *173 newspapers should clear their reporting with the government before publication. 116 Meanwhile, the 2005 State of the First Amendment survey discovered that those beliefs often do not change much once citizens reach the age of maturity; 23 of the survey's adult respondents said the First Amendment "goes too far in the rights it guarantees," down from almost 50 in 2002 (shortly after the September 11, 2001, terrorist attacks). 117 The extension of Hazelwood to colleges could lead an even larger number of Americans, during some of their most formative years, to become more accepting of official limitations on the content of their speech. 118 That, in turn, could pave a dangerous path toward vastly expanded federal and state speech regulation and a society in which "free" speech is nothing more than a distant memory from an earlier time.
++
++Advantage 2: Civic Engagement
++
++Civic engagement is low now – post election polls and tech. Fate 1/11
++Tom Montgomery Fate is a graduate of the Iowa nonfiction writing program and teaches creative writing at the College of DuPage in suburban Chicago, On the social conscience of nonvoting college students, USA Today Network, 1/11/17 EE
++
++This year, too many college students lost faith in our political system and American idealism — in the social conscience that we inherited from our founding fathers and mothers. Many students — including mine — were disillusioned by this election. Post-election polling confirms this: the 2016 college vote was way down in many states. And a thousand viral memes or GIFs didn’t help remedy that. Our remarkable technological innovations over the last 40 years have not led to more democratic elections or to higher voter turnout or a more politically astute electorate. Rather, major news networks and social media transformed the 2016 election into a 24/7 reality TV show. If the point of the election is to entertain rather than educate, why wouldn’t an entertainer be elected? I can imagine what some students were thinking: Why vote if the election has been cyber-hacked by the Russians but no one seems to care? Why vote if the billionaire candidate has proven in his late night tweeting that serial lying is not only OK but an effective marketing strategy? Why vote if the Presidency and the government itself are increasingly perceived as business opportunities? Yes, college students are to blame for not voting in 2016, for not stepping up, for contributing to Hillary Clinton’s loss. But so is my generation — for setting the bar so low, for dismissing the democratic idealism that this country was founded on.
++
++Censorship of college journalism guts civic engagement. LoMonte 12-1
++(Frank D., http://www.splc.org/article/2016/12/college-media-threats-report-2016)
++Frank D. LoMonte, executive director of the SPLC, said, “It is hypocritical for colleges to claim they support civic engagement while defunding student news organizations, removing well-qualified faculty advisers, and otherwise intimidating journalists into compliance. Colleges are more obsessed with promoting a favorable public image than ever before, but a college that retaliates against students and faculty for unflattering journalism doesn't just look bad—it is bad. We need a top-level commitment from the presidents of America's colleges and universities to support editorially independent student-run news coverage, including secure funding and retaliation protection for students and their advisers.” Joan Bertin, NCAC executive director, said, “This report exposes restrictions on press and speech freedoms on campus and exhorts college and university administrators to educate students in the operation of our constitutional system by allowing students to engage in its most critical functions: seeking information, becoming engaged and informed, and speaking out on matters of importance.” Kelley Lash, president of CMA, said, “This issue impacts millions of educators and students. College Media Association emphatically supports the First Amendment freedoms of all student media at all institutions, both public and private, and agrees that these media must be free from all forms of external interference designed to influence content. Student media participants, and their advisers, should not be threatened or punished due to the content of the student media. Their rights of free speech and free press must always be guaranteed.”
++
++
++Civic engagement is the vital internal link to solving every existential problem- its try or die for the affirmative. Small 06
++(Jonathan, former Americorps VISTA for the Human Services Coalition,  “Moving Forward,” The Journal for Civic Commitment,  Spring, http://www.mc.maricopa.edu/other/engagement/Journal/Issue7/Small.jsp)
++What will be the challenges of the new millennium? And how should we equip young people to face these challenges? While we cannot be sure of the exact nature of the challenges, we can say unequivocally that humankind will face them together. If the end of the twentieth century marked the triumph of the capitalists, individualism, and personal responsibility, the new century will present challenges that require collective action, unity, and enlightened self-interest. Confronting global warming, depleted natural resources, global super viruses, global crime syndicates, and multinational corporations with no conscience and no accountability will require cooperation, openness, honesty, compromise, and most of all solidarity – ideals not exactly cultivated in the twentieth century. We can no longer suffer to see life through the tiny lens of our own existence. Never in the history of the world has our collective fate been so intricately interwoven. Our very existence depends upon our ability to adapt to this new paradigm, to envision a more cohesive society.  With humankind’s next great challenge comes also great opportunity. Ironically, modern individualism backed us into a corner. We have two choices, work together in solidarity or perish together in alienation. Unlike any other crisis before, the noose is truly around the neck of the whole world at once. Global super viruses will ravage rich and poor alike, developed and developing nations, white and black, woman, man, and child. Global warming and damage to the environment will affect climate change and destroy ecosystems across the globe. Air pollution will force gas masks on our faces, our depleted atmosphere will make a predator of the sun, and chemicals will invade and corrupt our water supplies. Every single day we are presented the opportunity to change our current course, to survive modernity in a manner befitting our better nature. Through zealous cooperation and radical solidarity we can alter the course of human events. Regarding the practical matter of equipping young people to face the challenges of a global, interconnected world, we need to teach cooperation, community, solidarity, balance and tolerance in schools. We need to take a holistic approach to education. Standardized test scores alone will not begin to prepare young people for the world they will inherit. The three staples of traditional education (reading, writing, and arithmetic) need to be supplemented by three cornerstones of a modern education, exposure, exposure, and more exposure. How can we teach solidarity? How can we teach community in the age of rugged individualism? How can we counterbalance crass commercialism and materialism? How can we impart the true meaning of power? These are the educational challenges we face in the new century. It will require a radical transformation of our conception of education. We’ll need to trust a bit more, control a bit less, and put our faith in the potential of youth to make sense of their world.  In addition to a declaration of the gauntlet set before educators in the twenty-first century, this paper is a proposal and a case study of sorts toward a new paradigm of social justice and civic engagement education. Unfortunately, the current pedagogical climate of public K-12 education does not lend itself well to an exploratory study and trial of holistic education. Consequently, this proposal and case study targets a higher education model. Specifically, we will look at some possibilities for a large community college in an urban setting with a diverse student body.  Our guides through this process are specifically identified by the journal Equity and Excellence in Education. The dynamic interplay between ideas of social justice, civic engagement, and service learning in education will be the lantern in the dark cave of uncertainty. As such, a simple and straightforward explanation of the three terms is helpful to direct this inquiry. Before we look at a proposal and case study and the possible consequences contained therein, this paper will draw out a clear understanding of how we should characterize these ubiquitous terms and how their relationship to each other affects our study. Social Justice, Civic Engagement, Service Learning and Other Commie Crap Social justice is often ascribed long, complicated, and convoluted definitions. In fact, one could fill a good-sized library with treatises on this subject alone. Here we do not wish to belabor the issue or argue over fine points. For our purposes, it will suffice to have a general characterization of the term, focusing instead on the dynamics of its interaction with civic engagement and service learning. Social justice refers quite simply to a community vision and a community conscience that values inclusion, fairness, tolerance, and equality. The idea of social justice in America has been around since the Revolution and is intimately linked to the idea of a social contract. The Declaration of Independence is the best example of the prominence of social contract theory in the US. It states quite emphatically that the government has a contract with its citizens, from which we get the famous lines about life, liberty and the pursuit of happiness. Social contract theory and specifically the Declaration of Independence are concrete expressions of the spirit of social justice.  Similar clamor has been made over the appropriate definitions of civic engagement and service learning, respectively. Once again, let’s not get bogged down on subtleties. Civic engagement is a measure or degree of the interest and/or involvement an individual and a community demonstrate around community issues. There is a longstanding dispute over how to properly quantify civic engagement. Some will say that today’s youth are less involved politically and hence demonstrate a lower degree of civic engagement. Others cite high volunteer rates among the youth and claim it demonstrates a high exhibition of civic engagement. And there are about a hundred other theories put forward on the subject of civic engagement and today’s youth. But one thing is for sure; today’s youth no longer see government and politics as an effective or valuable tool for affecting positive change in the world. Instead of criticizing this judgment, perhaps we should come to sympathize and even admire it. Author Kurt Vonnegut said, “There is a tragic flaw in our precious Constitution, and I don’t know what can be done to fix it. This is it: only nut cases want to be president.” Maybe the youth’s rejection of American politics isn’t a shortcoming but rather a rational and appropriate response to their experience. Consequently, the term civic engagement takes on new meaning for us today. In order to foster fundamental change on the systemic level, which we have already said is necessary for our survival in the twenty-first century, we need to fundamentally change our systems. Therefore, part of our challenge becomes convincing the youth that these systems, and by systems we mean government and commerce, have the potential for positive change. Civic engagement consequently takes on a more specific and political meaning in this context.  Service learning is a methodology and a tool for teaching social justice, encouraging civic engagement, and deepening practical understanding of a subject. Since it is a relatively new field, at least in the structured sense, service learning is only beginning to define itself. Through service learning students learn by experiencing things firsthand and by exposing themselves to new points of view. Instead of merely reading about government, for instance, a student might experience it by working in a legislative office. Rather than just studying global warming out of a textbook, a student might volunteer time at an environmental group. If service learning develops and evolves into a discipline with the honest goal of making better citizens, teaching social justice, encouraging civic engagement, and most importantly, exposing students to different and alternative experiences, it could be a major feature of a modern education. Service learning is the natural counterbalance to our current overemphasis on standardized testing. Social justice, civic engagement, and service learning are caught in a symbiotic cycle. The more we have of one of them; the more we have of all of them. However, until we get momentum behind them, we are stalled. Service learning may be our best chance to jumpstart our democracy. In the rest of this paper, we will look at the beginning stages of a project that seeks to do just that.
++
++Trump victory proves the case is a disad to every K- failure to prioritize civic engagement causes rightwing takeover. Rorty 98
++(Richard, Stanford Philosophy Professor, Achieving Our Country, pp. 87-94)
++If the formation of hereditary castes continues unimpeded, and if the pressures of globalization create such castes not only in the United States but in all the old democracies, we shall end up in an Orwellian world.  In such a world, there may be no supernational analogue of Big Brother, or any official creed analogous to Ingsoc.  But there will be an analogue of the Inner Party—namely, the international, cosmopolitan super-rich.  They will make all the important decisions.  The analogue of Orwell’s Outer Party will be educated, comfortably off, cosmopolitan professionals—Lind’s “overclass,” the people like you and me.  The job of people like us will be to make sure that the decisions made by the Inner Party are carried out smoothly and efficiently.  It will be in the interest of the international super-rich to keep our class relatively prosperous and happy.  For they need people who can pretend to be the political class of each of the individual nation-states.  For the sake of keeping the proles quiet, the super-rich will have to keep up the pretense that national politics might someday make a difference.  Since economic decisions are their prerogative, they will encourage politicians, of both the Left and the Right, to specialize in cultural issues.7  The aim will be to keep the minds of the proles elsewhere—to keep the bottom 75 percent of Americans and the bottom 95 percent of the world’s population busy with ethnic and religious hostilities, and with debates about sexual mores.  If the proles can be distracted from their own despair by media-created psuedo-events, including the occasional brief and bloody war, the super-rich will have little to fear.  Contemplation of this possible world invites two responses from the Left.  The first is to insist that the inequalities between nations need to be mitigated—and, in particular, that the Northern Hemisphere must share its wealth with the Southern.  The second is to insist that the primary responsibility of each democratic nation-state is to its own least advantaged citizens.  These two responses obviously conflict with each other.  In particular, the first response suggests that the old democracies should open their borders, whereas the second suggests that they should close them.8  The first response comes naturally to academic leftists, who have always been internationally minded.  The second response comes naturally to members of trade unions, and to the marginally employed people who can most easily be recruited into right-wing populist movements.  Union members in the United States have watched factory after factory close, only to reopen in Slovenia, Thailand, or Mexico.  It is no wonder that  they see the result of international free trade as prosperity for managers and stockholders, a better standard of living for workers in developing countries, and a very much worse standard of living for American workers.  It would be no wonder if they saw the American leftist intelligentsia as on the same side of the managers and stockholders—as sharing the same class interests.  For we intellectuals, who are mostly academics, are ourselves quite well insulated, at least in the short run, from the effects of globalization.  To make things worse, we often seem more interested in the workers of the developing world than in the fate of our fellow citizens.  Many writers on socioeconomic policy have warned that the old industrialized democracies are heading into a Weimar-like period, one in which populist movements are likely to overturn constitutional governments.  Edward Luttwak, for example, has suggested that fascism may be the American future.  The point of his book The Endangered American Dream is that members of labor unions, and unorganized unskilled workers, will sooner or later realize that their government is not even trying to prevent wages from sinking or to prevent jobs from being exported.  Around the same time, they will realize that suburban white-collar workers—themselves desperately afraid of being downsized—are not going to let themselves be taxed to provide social benefits for anyone else.  At that point, something will crack.  The nonsuburban electorate will decide that the system has failed and start looking around for a strongman to vote for—someone will assure them that, once he is elected, the smug bureaucrats, tricky lawyers, overpaid bond salemen, and postmodernist professors will no longer be calling the shots.  A scenario like that of Sinclair Lewis’ novel It Can’t Happen Here may then be played out.  For once such a strongman takes office, nobody can predict what will happen.  In 1932, most of the predictions made about what would happen if Hindenburg named Hitler chancellor were wildly overoptimistic.  One thing that is very likely to happen is that the gains made in the past forty years by black and brown Americans, and by homosexuals, will be wiped out.  Jocular contempt for women will come back into fashion.  The words “nigger” and “kike” will once again be heard in the workplace.  All the sadism which the academic Left has tried to make unacceptable to its students will come flooding back.  All the resentment which badly educated Americans feel about having their manners dictated to them by college graduates will find an outlet.  But such a renewal of sadism will not alter the effects of selfishness.  For after my imagined strongman takes charge, he will quickly make peace with the international superrich, just as Hitler made with the German industrialists.  He will invoke the glorious memory of the Gulf War to provoke military adventures which will generate short-term prosperity.  He will be a disaster for the country and the world.  People will wonder why there was so little resistance to his evitable rise.  Where, they will ask, was the American Left?  Why was it only rightists like Buchanan who spoke to the workers about the consequences of globalization?  Why could not the Left channel the mounting rage of the newly dispossesed?  It is often said that we Americans, at the end of the twentieth century, no longer have a Left.  Since nobody denies the existence of what I have called the cultural Left, this amounts to an admission that that Left is unable to engage in national politics.  It is not the sort of the Left which can be asked to deal with the consequences of globalization.  To get the country to deal with those consequences, the present cultural Left would have to transform itself by opening relations with the residue of the old reformist Left, and in particular with the labor unions.  It would have to talk much more about money, even at the cost of talking less about stigma.  I have two suggestions about how to effect this transition.  The first is that the Left should put a moratorium on theory.  It should try to kick its philosophy habit.  The second is that the Left should try to mobilize what remains of our pride in being Americans.  It should ask the public to consider how the country of Lincoln and Whitman might be achieved.  In support of my first suggestion, let me cite a passage from Dewey’s Reconstruction in Philosophy in which he expresses his exasperation with the sort of sterile debate now going on under the rubric of “individualism versus communitarianism.”  Dewey thought that all discussions which took this dichotomy seriously suffer from a common defect.  They are all committed to the logic of general notions under which specific situations are to be brought.  What we want is light upon this or that group of individuals, this or that concrete human being, this or that special institution or social arrangement.  For such a logic of inquiry, the traditionally accepted logic substitutes discussion of the meaning of concepts and their dialectical relationships with one another.  Dewey was right to be exasperated by sociopolitical theory conducted at this level of abstraction.  He was wrong when he went on to say that ascending to this level is typically a rightist maneuver, one which supplies “the apparatus for intellectual justifications of the established order.”9 For such ascents are now more common on the Left than on the Right.  The contemporary academic Left seems to think that the higher your level of abstraction, the more subversive of the established order you can be.  The more sweeping and novel your conceptual apparatus, the more radical your critique.  When one of today’s academic leftists says that some topic has been “inadequately theorized,” you can be pretty certain that he or she is going to drag in either philosophy of language, or Lacanian psychoanalysis, or some neo-Marxist version of economic determinism.  Theorists of the Left think that dissolving political agents into plays of differential subjectivity, or political initiatives into pursuits of Lacan’s impossible object of desire, helps to subvert the established order.  Such subversion, they say, is accomplished by “problematizing familiar concepts.”  Recent attempts to subvert social institutitons by problematizing concepts have produced a few very good books.  They have also produced many thousands of books which represent scholastic philosophizing at its worts.  The authors of these purportedly “subversive” books honestly believe that the are serving human liberty.  But it is almost impossible to clamber back down from their books to a level of abstraction on which one might discuss the merits of a law, a treaty, a candidate or a political strategy.  Even though what these authors “theorize” is often something very concrete and near at hand—a curent TV show, a media celebrity, a recent scandal—they offer the most absract and barren explanations imaginable.  These futile attempts to philosophize one’s way into political relevance are a symptom of what happens when a Left retreats from activism and adopts a spectatorial approach to the problems of its country.  Disengagement from practice produces theoretical hallucinations.  These result in an intellec- tual environment which is, as Mark Edmundson says in his book Nightmare on Main Street, Gothic. The cultural Left is haunted by ubiquitous specters, the most frightening of which is called "power." This is the name of what Edmund- son calls Foucault's "haunting agency, which is everywhere and nowhere, as evanescent and insistent as a resourceful spook."10
++
++Underview
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++Problematic speech shouldn’t be suppressed- that magnifies the impacts-prefer my evidence because it has internal weighing. Alexander 13
++(Larry, Is Freedom of Expression a Universal Right San Diego Law Review Summer, 2013 San Diego Law Review 50 San Diego L. Rev. 707)
++1. Gives authority to determine hate speech   2. Discourse allows error correction – leads to better solutions than censorship   3. Reverse enforcement                4. Doesn’t stop hateful attitudes – just makes masks them 5. Forces it underground where it can’t be challenged
++
++One commentator has characterized the consequentialist considerations for freeing up some speech that might be suppressed because of two-step harms in the following way: First, being able to speak our minds makes us feel good. True, we tailor our words to civility, persuasion, kindness, or other purposes, but that is our choice. Censors claim the right to purge other people's talk - all the while insisting that it is for our own good. Second, much censorship appears irrational and alarmist in retrospect because the reasons people choose and use words are vastly more interesting than the systems designed to limit them. It's not hard to make a list of absurdities - I'm particularly fond of a rash of state laws that forbid the disparagement of agricultural products - but simplistic explanations and simple-minded responses are as dangerous as they are ditzy. In one of the few places that postmodern theory and common sense intersect, it is obvious that the meaning and perception of words regularly depend on such variables as speaker and spoken to, individual experience and shared history, and the setting, company, and spirit in which something is said. To give courts or other authorities the power to determine all this is, to put it mildly, mind-boggling. Third, censorship is inimical to democracy. Cloaking ideas and information in secrecy encourages ignorance, corruption, demagoguery, a corrosive distrust of authority, and a historical memory resembling Swiss cheese. Open discussion, on the other hand, allows verities to be examined, errors to be corrected, disagreement to be expressed, and anxieties to be put in perspective. It also forces communities to confront their problems directly, which is more likely to lead to real solutions than covering them up. Fourth, censorship backfires. Opinions, tastes, social values, and mores change over time and vary among people. Truth can be a protean thing. The earth's rotation, its shape, the origins of humankind, and the nature of matter were all once widely understood to be something different *719 from what we know today, yet those who challenged the prevailing faith were mocked and punished for their apostasy. Banning ideas in an attempt to make the world safe from doubt, disaffection, or disorder is limiting, especially for people whose lives are routinely limited, since the poor and politically weak are the censor's first targets. Finally, censorship doesn't work. It doesn't get rid of bad ideas or bad behavior. It usually doesn't even get rid of bad words, and history has shown repeatedly that banning the unpalatable merely drives it underground. It could be argued that that's just fine, that vitriolic or subversive speech, for example, shouldn't dare to speak its name. But hateful ideas by another name - disguised as disinterested intellectual inquiry, or given a nose job like Ku Klux Klansman David Duke before he ran for governor of Louisiana - are probably more insidious than those that are clearly marginal. n22 Let me close with a couple of examples. So-called hate speech - speech that disparages ethnic, racial, or religious groups - is generally prohibited in most Western countries but not in the United States, where it is constitutionally protected as a matter of freedom of speech. If we leave aside the one-step harm of offense and focus on the two-step harms of inciting others to violence or to discrimination against members of the disparaged groups, we can understand why some countries, given their history and culture, would be quite fearful of the effects hate speech might have. For example, think of Germany and anti-Semitic speech. On the other hand, in the twenty-first-century United States, the dangers of hate speech pale in comparison to the dangers of suppressing it. Suppression drives haters underground, where they may be more dangerous than if they were more visible. Suppression is frequently not evenhanded: disparagement of some favored groups is punished, but disparagement of other groups is not. Frequently, suppression of hate speech is an expression of power wielded by some groups over other groups rather than an expression of concern about violence or discrimination. Sometimes, suppression of hate speech is just partisan politics. In the United States, some groups have tried to label messages such as opposition to racial preferences as racist hate speech. And political correctness surely infects enforcement of hate speech laws. Consider the prosecution of Mark Steyn in British Columbia because of his book expressing political concerns over *720 the ever-increasing percentage of Muslims in Europe. n23 So whether hate speech laws are a good or bad thing will undoubtedly vary with the country, its history, its culture, and its politics. The same point can be made with respect to restrictions on culture-coarsening expression - pornography, violent video games, public profanity, and so forth. Culture coarsening is a real harm, and its baleful effects may even prove catastrophic. On the other hand, whether legal restrictions on expression that contributes to coarsening is a good idea will vary with the place, the time, the institutions, the current state of the culture, and so forth. Governments are generally pretty ham-fisted when it comes to defining culture-coarsening messages. The history in the United States of attempts to ban pornography is not reassuring. Other countries with other institutions may do a better job.
++
++Only policy demands solve – exclusive focus on social demands gets coopted, and destroyed by the right wing. Uniqueness overwhelms the link – their alt’s movements exists in the squo and they’re losing – it’s try or die for the perm. Chomsky 16
++Aviva Chomsky is professor of history and coordinator of Latin American studies at Salem State University in Massachusetts. Student Protest, the Black Lives Matter Movement and the Rise of the Corporate University, Truthout.org, May 22 2016 EE
++During the past academic year, an upsurge of student activism, a movement of millennials, has swept campuses across the country and attracted the attention of the media. From coast to coast, from the Ivy League to state universities to small liberal arts colleges, a wave of student activism has focused on stopping climate change, promoting a living wage, fighting mass incarceration practices, supporting immigrant rights, and of course campaigning for Bernie Sanders. Both the media and the schools that have been the targets of some of these protests have seized upon certain aspects of the upsurge for criticism or praise, while ignoring others. Commentators, pundits, and reporters have frequently trivialized and mocked the passion of the students and the ways in which it has been directed, even as universities have tried to appropriate it by promoting what some have called "neoliberal multiculturalism." Think of this as a way, in particular, of taming the power of the present demands for racial justice and absorbing them into an increasingly market-oriented system of higher education. In some of their most dramatic actions, students of color, inspired in part by the Black Lives Matter movement, have challenged the racial climate at their schools. In the process, they have launched a wave of campus activism, including sit-ins, hunger strikes, demonstrations, and petitions, as well as emotional, in-your-face demands of various sorts. One national coalition of student organizations, the Black Liberation Collective, has called for the percentage of black students and faculty on campus to approximate that of blacks in the society. It has also called for free tuition for black and Native American students, and demanded that schools divest from private prison corporations. Other student demands for racial justice have included promoting a living wage for college employees, reducing administrative salaries, lowering tuitions and fees, increasing financial aid, and reforming the practices of campus police. These are not, however, the issues that have generally attracted the attention either of media commentators or the colleges themselves. Instead, the spotlight has been on student demands for cultural changes at their institutions that focus on deep-seated assumptions about whiteness, sexuality, and ability. At some universities, students have personalized these demands, insisting on the removal of specific faculty members and administrators. Emphasizing a politics of what they call "recognition," they have also demanded that significant on-campus figures issue public apologies or acknowledge that "black lives matter." Some want universities to implement in-class "trigger warnings" when difficult material is being presented and to create "safe spaces" for marginalized students as a sanctuary from the daily struggle with the mainstream culture. By seizing upon and responding to these (and only these) student demands, university administrators around the country are attempting to domesticate and appropriate this new wave of activism. In the meantime, right-wing commentators have depicted students as coddled, entitled, and enemies of free speech. The libertarian right has launched a broad media critique of the current wave of student activism. Commentators have been quick to dismiss student protesters as over-sensitive and entitled purveyors of "academic victimology." They lament the "coddling of the American mind." The Atlantic's Conor Friedersdorf has termed students "misguided" in their protests against racist language, ideas, and assumptions, their targeting of "microaggression" (that is, unconscious offensive comments) and insensitivity, and their sometimes highly personal attacks against those they accuse. One of the most vocal critics of the new campus politics, the Foundation for Individual Rights in Education, argues that such rampant "liberalism" and "political correctness" violate academic freedom and freedom of speech. (In this, they are in accord with the liberal American Civil Liberties Union. Free speech advocates Daphne Patai and the ACLU's Harvey Silvergate, for example, bemoan a new diversity requirement at the University of Massachusetts for its "politicization of education.") In a response that, under the circumstances, might at first seem surprising, college administrators have been remarkably open to some of these student demands ~-~- often the very ones derided by the right. In this way, the commentators and the administrators have tended to shine a bright light on what is both personal and symbolic in the new politics of the student protesters, while ignoring or downplaying their more structural and economically challenging desires and demands. The Neoliberal University University administrators have been particularly amenable to student demands that fit with current trends in higher education. Today's neoliberal university is increasingly facing market pressures like loss of state funding, privatization, rising tuition, and student debt, while promoting a business model that emphasizes the managerial control of faculty through constant "assessment," emphasis on "accountability," and rewards for "efficiency." Meanwhile, in a society in which labor unions are constantly being weakened, the higher education labor force is similarly being ~-~- in the term of the moment ~-~- "flexibilized" through the weakening of tenure, that once ironclad guarantee of professorial lifetime employment, and the increased use of temporary adjunct faculty. In this context, universities are scrambling to accommodate student activism for racial justice by incorporating the more individualized and personal side of it into increasingly depoliticized cultural studies programs and business-friendly, market-oriented academic ways of thinking. Not surprisingly, how today's students frame their demands often reflects the environment in which they are being raised and educated. Postmodern theory, an approach which still reigns in so many liberal arts programs, encourages textual analysis that reveals hidden assumptions encoded in words; psychology has popularized the importance of individual trauma; and the neoliberal ideology that has come to permeate so many schools emphasizes individual behavior as the most important agent for social change. Add together these three strands of thought, now deeply embedded in a college education, and injustice becomes a matter of the wrongs individuals inflict on others at a deeply personal level. Deemphasized are the policies and structures that are built into how society (and the university) works. For this reason, while schools have downplayed or ignored student demands for changes in admissions, tuition, union rights, pay scales, and management prerogatives, they have jumped into the heated debate the student movement has launched over "microaggressions" ~-~- pervasive, stereotypical remarks that assume whiteness as a norm and exoticize people of color, while taking for granted the white nature of institutions of higher learning. As part of the present wave of protest, students of color have, for instance, highlighted their daily experiences of casual and everyday racism ~-~- statements or questions like "where are you from?" (when the answer is: the same place you're from) or "as a fill in the blank, how do you feel about..." Student protests against such comments, especially when they are made by professors or school administrators, and the mindsets that go with them are precisely what the right is apt to dismiss as political correctness run wild and university administrations are embracing as the essence of the present on-campus movement. At Yale, the Intercultural Affairs Committee advised students to avoid racially offensive Halloween costumes. When a faculty member and resident house adviser circulated an email critiquing the paternalism of such an administrative mandate, student protests erupted calling for her removal. While Yale declined to remove her from her post as a house adviser, she stepped down from her teaching position. At Emory, students protested the "pain" they experienced at seeing "Trump 2016" graffiti on campus, and the university president assured them that he "heard their message... about values regarding diversity and respect that clash with Emory's own." Administrators are scrambling to implement new diversity initiatives and on-campus training programs ~-~- and hiring expensive private consulting firms to help them do so. At the University of Missouri, the president and chancellor both resigned in the face of student protests including a hunger strike and a football team game boycott in the wake of racial incidents on campus including public racist slurs and symbols. So did the dean of students at Claremont McKenna College (CMC), when protest erupted over her reference to students (implicitly of color) who "don't fit our CMC mold." Historian and activist Robin Kelley suggests that today's protests, even as they "push for measures that would make campuses more hospitable to students of color: greater diversity, inclusion, safety, and affordability," operate under a contradictory logic that is seldom articulated. To what extent, he wonders, does the student goal of "leaning in" and creating more spaces for people of color at the top of an unequal and unjust social order clash with the urge of the same protesters to challenge that unjust social order? Kelley argues that the language of "trauma" and mental health that has come to dominate campuses also works to individualize and depoliticize the very idea of racial oppression. The words "trauma, PTSD, micro-aggression, and triggers," he points out, "have virtually replaced oppression, repression, and subjugation." He explains that, "while trauma can be an entrance into activism, it is not in itself a destination and may even trick activists into adopting the language of the neoliberal institutions they are at pains to reject." This is why, he adds, for university administrators, diversity and cultural competency initiatives have become go-to solutions that "shift race from the public sphere into the psyche" and strip the present round of demonstrations of some of their power. Cultural Politics and Inequality In recent years, cultural, or identity, politics has certainly challenged the ways that Marxist and other old and new left organizations of the past managed to ignore, or even help reproduce, racial and gender inequalities. It has questioned the value of class-only or class-first analysis on subjects as wide-ranging as the Cuban Revolution ~-~- did it successfully address racial inequality as it redistributed resources to the poor, or did it repress black identity by privileging class analysis? ~-~- and the Bernie Sanders campaign ~-~- will his social programs aimed at reducing economic inequality alleviate racial inequality by helping the poor, or will his class-based project leave the issue of racial inequality in the lurch? In other words, the question of whether a political project aimed at attacking the structures of economic inequality can also advance racial and gender equality is crucial to today's campus politics. Put another way, the question is: How political is the personal? Political scientist Adolph Reed argues that if class is left out, race politics on campus becomes "the politics of the left-wing of neoliberalism." As he puts it, race-first politics of the sort being pushed today by university administrators promotes a "moral economy... in which 1 of the population controlled 90 of the resources could be just, provided that roughly 12 of the 1 were black, 12 were Latino, 50 were women, and whatever the appropriate proportions were LGBT people." The student movement that has swept across the nation has challenged colleges and universities on the basics of their way of (quite literally) doing business. The question for these institutions now is: Can student demands largely be tamed and embedded inside an administration-sanctioned agenda that in no way undermines how schools now operate in the world? Feminist theorist Nancy Fraser has shown how feminist ideas of a previous generation were successfully "recuperated by neoliberalism" ~-~- that is, how they were repurposed as rationales for greater inequality. "Feminist ideas that once formed part of a radical worldview," she argues, are now "increasingly expressed in individualist terms." Feminist demands for workplace access and equal pay have, for example, been used to undermine worker gains for a "family wage," while a feminist emphasis on gender equality has similarly been used on campus to divert attention from growing class inequality. Student demands for racial justice risk being absorbed into a comparable framework. University administrators have found many ways to use student demands for racial justice to strengthen their business model and so the micro-management of faculty. In one case seized upon by free-speech libertarians, the Brandeis administration placed an assistant provost in a classroom to monitor a professor after students accused him of using the word "wetback" in a Latin American politics class. More commonly, universities employ a plethora of consulting firms and create new administrative positions to manage "diversity" and "inclusion." Workshops and training sessions proliferate, as do "safe spaces" and "trigger warnings." Such a vision of "diversity" is then promoted as a means to prepare students to compete in the "global marketplace." There are even deeper ways in which a diversity agenda aligns with neoliberal politics. Literary theorist Walter Benn Michaels argues, for example, that diversity can give a veneer of social justice to ideas about market competition and meritocracy that in reality promote inequality. "The rule in neoliberal economies is that the difference between the rich and the poor gets wider rather than shrinks ~-~- but that no culture should be treated invidiously," he explains. "It's basically OK if economic differences widen as long as the increasingly successful elites come to look like the increasingly unsuccessful non-elites. So the model of social justice is not that the rich don't make as much and the poor make more, the model of social justice is that the rich make whatever they make, but an appropriate percentage of them are minorities or women." Or as Forbes Magazine put it, "Businesses need to vastly increase their ability to sense new opportunities, develop creative solutions, and move on them with much greater speed. The only way to accomplish these changes is through a revamped workplace culture that embraces diversity so that sensing, creativity, and speed are all vastly improved." Clearly, university administrators prefer student demands that can be coopted or absorbed into their current business model. Allowing the prevailing culture to define the parameters of their protest has left the burgeoning Millennial Movement in a precarious position. The more that students ~-~- with the support of college and university administrations ~-~- accept the individualized cultural path to social change while forgoing the possibility of anything greater than cosmetic changes to prevailing hierarchies, on campus and beyond, the more they face ridicule from those on the right who present them as fragile, coddled, privileged whiners. Still, this young, vibrant movement has momentum and will continue to evolve. In this time of great social and political flux, it's possible that its many constituencies ~-~- fighting for racial justice, economic justice, and climate justice ~-~- will use their growing clout to build on recent victories, no matter how limited. Keep an eye on college campuses. The battle for the soul of American higher education being fought there today is going to matter for the wider world tomorrow. Whether that future will be defined by a culture of trigger warnings and safe spaces or by democratized education and radical efforts to fight inequality may be won or lost in the shadow of the Ivory Tower. The Millennial Movement matters. Our future is in their hands.
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++Endorsing speech doesn’t mask oppressive institutions, it’s a pre-requisite to challenging them. Redish 82
++(Martin H, University of Pennsylvania Law Review, Vol. 130, No. 3 (Jan., 1982), pp. 591-645)
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++First, it should be noted that the impact of the elitists' argu- ment goes at most to the instrumental value of democracy, and in no way challenges the intrinsic value of allowing individuals to maintain self-rule.63 More importantly, the elitist theorists do not seem to question the normative imperative recognized by classical theorists, but rather only its attainability. Indeed, the impact of the elitist theorists is arguably to shift the emphasis from attaining this goal through the political process to its achievement through individual involvement in the private sector. Modern theorists have redefined the concept of the "political" to include decision- making within areas such as the work place, where decisions are likely to have a more immediately recognizable impact on the indi- vidual's daily life.64 Therefore, the elitist theory can be seen as being totally compatible with the thesis asserted here; democratic political control is only one means of achieving the values inherent in a democratic system, and it is therefore necessary to recognize that free speech may aid attainment of those values in nonpolitical settings. Elitist thinking, then, does not undermine-indeed, it may fa- cilitate-the extension of Meiklejohn's reasoning about the role of free speech to such nonpolitical activities as various kinds of com- munity groups, as well as to the work place.65 What remains unclear, however, is whether this logic may be extended as well to such purely private decisions as commercial purchases or an indi- vidual's choice of friends. The difficulty is that it has been gen- erally assumed, since democracy's origins in ancient Athens, that the moral benefits to the individual derived from being forced to look beyond his or her own narrow interests and to work with others to attain the common good.66 It is perhaps for this reason that Professor Bachrach, the leading exponent of the redefined "po- litical" sphere, believed it necessary to stay within the bounds of the "political," no matter how strained his definition of the term.67 But whatever unique benefits one derives from involvement in organizations that look to the common, as opposed to the individual, good, it is impossible to deny that many of the developmental values-particularly the intellectual benefits-that are thought to result from participation in the political process also may be ob- tained from private self-government. After all, the elitists tell us that "political participation constitutes an effort to protect threatened interests," 68 and by adopting a democratic system we are expressing a belief that presumably individuals are capable of deciding what is best for them. There is therefore no basis to believe that development can be derived solely from common, as opposed to individual, activity. (609-10)

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	1	+2017-01-28 03:56:38.313

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	1	+Adam Tomasi

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	1	+William G Enloe TG

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	1	+Harvard Westlake Engel Aff

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	1	+JAN-FEB - AC - Stop the Press V2

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	1	+Emory

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