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+Value- Morality |
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+In the context of governments like the United States, morality must be based on citizens having the ability to consent to political authority. Otherwise that authority is coercive and illegitimate. Benhabib 94 |
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+Seyla Benhabib 94 Eugene Mayer Professor of Political Science and Philosophy at Yale University, and director of the program in Ethics, Politics, and Economics, and a well-known contemporary philosopher, “Deliberative Rationality and Models of Democratic Legitimacy”, Constellations Volume I, No/, 1994, Published by Blackwell Publishers |
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+I define democratic...for being informed. |
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+And,- we should guarantee a marketplace of ideas, which supersedes other utilitarian grounds to restrict rights. The right to speak out is valuable in itself. Dwyer 01 |
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+Susan Dwyer, philosophy at University of Maryland, 2001 (http://www.umbc.edu/philosophy/dwyer/papers/freespeech.html) |
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+Direct Nonconsequentialism Let...(protect) it everywhere. |
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+Value Criterion- Respecting Democratic Deliberation |
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+Advantage One- State Control Kills Activism |
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+Government control of speech will favor the powerful and silence the powerless. Majeed, BA, 09 |
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+Majeed, Azhar. "Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes." Georgetown Journal of Law and Public Policy 7.2 (2009). CC |
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+B. Impact on Campus...ideas on campus.138 |
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+College in particular is a time where students need to learn how to be activists before anything else. This is prevented if their words are controlled by the state. Majeed, BA, 09 |
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+Majeed, Azhar. "Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes." Georgetown Journal of Law and Public Policy 7.2 (2009). CC |
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+2. Suppression of Disfavored...the college environment. |
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+Free speech enables counter speech, which empowers students. Calleros 95 |
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+Charles R. Calleros member of American law association, professor of law at Arizona state university, won many teaching awards such as aba’s spirit of excellence award, Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun, 27 ARIZ. ST. L.J. 1249 (1995). CC |
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+Speech as an...such partisan speech. 72 |
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+Every major civil rights movement is built on free speech. There is no liberty, activism or change without free speech. Strossen, Former President of the ACLU, 00 |
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+Strossen, Nadine. "Incitement to hatred: Should there be a limit." S. Ill. ULJ 25 (2000): 243. CC |
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+C. A Robust Freedom...on both scores.62 |
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+Advantage Two- Marketplace of Ideas |
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+Censorship limits student dissent and allows universities to have a monopoly over student speech. Lukianoff, JD Stanford, 05 |
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+(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) |
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+Finally, outside the...should grant certiorari. |
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+Universities are the most important place for speech to be free – even if speech is uncomfortable the very function of the university is to allow open debates. |
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+Kinnaird, Litigation Partner @Paul Hastings, et al., 11 |
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+(Stephen B., Raymond W. Bertrand,* Neil J. Schumacher, Rebecca L. McGuire, Paul, Hastings, Janofsky and Walker LLP 2011 WL 1523290 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Jonathan LOPEZ, Petitioner, v. Kelly G. CANDAELE, et al., Respondents. No. 10-1136. April 18, 2011. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit Brief of Amicus Curiae Foundation for Individual Rights in Education in Support of Petitioner) |
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+This Court's review...vindicate their rights. |
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+Finally, restrictions of speech automatically shut out some views from the start, which is undemocratic because it fosters dogmatism where neither side has to listen to the other. Kozinski, 9th circuit judge, 10 rehighlight |
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+(Alex, RODRIGUEZ v. MARICOPA CO. COMM. COLLEGE http://cdn.ca9.uscourts.gov/datastore/opinions/2010/05/20/08-16073.pdf) |
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+Plaintiffs no doubt...distinctly unpleasant terms.” Adamian v. Jacobsen, 523 F.2d 929, 934 (9th Cir. 1975). |
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+General Responses- |
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+Current universities coddle students, which later can become harmful. Lukianoff and Haidt ‘15 |
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+Greg Lukianoff Greg Lukianoff is the president of the Foundation for Individual Rights in Education. He previously served as FIRE's first director of legal and public advocacy until he was appointed president in 2006. and Jonathan Haidt Jonathan David Haidt is a social psychologist and Professor of Ethical Leadership at New York University's Stern School of Business. His academic specialization is the psychology of morality and the moral emotions., September 2015 (http://www.theatlantic.com/magazine/archive/2015/09/the-coddling-of-the-american-mind/399356/). The Atlantic “The Coddling of the American Mind” // ALN |
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+According to the...to think pathologically. |
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+Underground- drives hate underground and allows communities to ignore the problem. Alexander 13 |
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+(Larry, Is Freedom of Expression a Universal Right San Diego Law Review Summer, 2013 San Diego Law Review 50 San Diego L. Rev. 707) |
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+One commentator has...a better job. |