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Harvard Westlake-Nayar-Neg-Golden Desert-Round1.docx
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Harvard Westlake-Nayar-Neg-Golden Desert-Round2.docx
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Harvard Westlake-Nayar-Neg-Newark-Round1.docx
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Harvard Westlake-Nayar-Neg-USC-Round6.docx
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1 -Neoliberalism is a mafia protection racket – it defunds schools of private funding and makes them come to corporations for funding. This logic structures what speech and knowledge are free in the first place. The aff misdiagnoses the problem and lets neoliberalism slip through the cracks. Bagakis 11/15/16
2 -
3 -Gus Bagakis retired philosophy instructor at San Francisco State University and author of "Seeing Through The System: The Invisible Class Struggle in America," October 15, 2016 “Neoliberalism's Decades-Long Attack on Public Universities”
4 -
5 -
6 -Free speech is an illusion propagated by corporatists – their model of rights assumes an equal playing field analogous to free market economists view of capital. The promotion of free speech perpetuates the idea that speech is a commodity, which strengthens neoliberalism’s hold on the academy. Brown 15
7 -Brown, Wendy. Undoing the demos: Neoliberalism's stealth revolution. MIT Press, 2015.
8 -
9 -This turns the case – the commodification of speech reflects the capitalist illusion of freedom. It makes speech meaningless and kills value to life. Smith ‘14
10 -R.C. Smith April 24, 2014 “POWER, CAPITAL and THE RISE OF THE MASS SURVEILLANCE STATE: ON THE ABSENCE OF DEMOCRACY, ETHICS, DISENCHANTMENT and CRITICAL THEORY” Heathwood Institute and Press http://www.heathwoodpress.com/power-capital-the-rise-of-the-mass-surveillance-state-on-the-absence-of-democracy-ethics-disenchantment-critical-theory/ JJN from file
11 -
12 -
13 -
14 -Our critique independently outweighs the case - neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15
15 - ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
16 -
17 -The alternative is a relentless class-based politics that works against the university’s economic underpinnings – only engaging in a critique that focuses on the economic forces at play in public universities can we resolve capitalism. Oparah 14
18 -Oparah, Julia. Professor and Chair of Ethnic Studies at Mills College and a founding member of Black Women Birthing Justice "Challenging Complicity: The Neoliberal University and the Prison–Industrial Complex." The Imperial University: Academic Repression and Scholarly Dissent (2014).
19 -
20 -The role of the judge is to be a critical analyst testing whether the underlying assumptions of the AFF are valid. This is a question of the whether the AFF scholarship is good – not the passage of the plan.
21 -
22 -First, neoliberalism operates through a narrow vision of politics that sustains itself through the illusion of pragmatism. We should refuse their demand for a plan. Blalock, JD, 2015
23 -(Corinne, “NEOLIBERALISM AND THE CRISIS OF LEGAL THEORY”, Duke University, LAW AND CONTEMPORARY PROBLEMS Vol. 77:71) MG from file
24 -
25 -
26 -Second, the knowledge claims of the AC are the jumping off point for the debate – our framework provides a more reasonable neg burden. When a student turns in an F paper, no teacher has an obligation to write an entirely new paper to show it was bad – pointing out major academic deficiencies would justify failing the paper – the ballot asks who did the better debating, so if their analysis is wrong, they haven’t.
27 -
28 -
29 -Third, neoliberalism is a conceptual framework that has to be challenged at the level of scholarship. Godrej 14
30 -Farah Godrej Department of Political Science¶ University of California-Riverside “neoliberalism, Militarization, and the Price of dissent¶ Policing Protest at the University of California¶ “Edited by Chatterjee, Piya, and Sunaina Maira. The Imperial University. University of Minnesota Press, 2014.
EntryDate
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1 -2017-02-05 15:39:43.0
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1 -Kathy Bond
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1 -Chaminade JB
ParentRound
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1 -30
Round
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1 -1
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1 -Harvard Westlake Nayar Neg
Title
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1 -JAN-FEB Cap K
Tournament
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1 -Golden Desert
Caselist.CitesClass[20]
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1 -Rhetoric propagating free speech as the answer to social ills directly trades off with our ability to fight injustice. Free speech is a tool that courts wield in colorblind ways against people. Delgado and Stefancic ‘92
2 -Richard Delgado - Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U. California-Berkeley, 1974. and Jean Stefancic - Technical Services Librarian, University of San Francisco School of Law. M.L.S., Simmons College, 1963; M.A., University of San Francisco, 1989. “IMAGES OF THE OUTSIDER IN AMERICAN LAW AND CULTURE: CAN FREE EXPRESSION REMEDY SYSTEMIC SOCIAL ILLS?” Cornell Law Review. September 1992. http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3571andcontext=clr JJN
3 -
4 -Free speech assumes a level playing field but the voices of some are always used to marginalize those of others. Delgado 2k
5 -Richard Delgado - Charles Inglis Thomson Professor of Law, University of Colorado. J.D., U. California-Berkeley, 1974. “TOWARD A LEGAL REALIST VIEW OF THE FIRST AMENDMENT.” Harvard Law Review. January 2000. JJN
6 -
7 -Turns the case – hate speech does real violence to people of color and necessarily locks in relationships of domination. Delgado and Stefacic ‘09
8 -Richard Delgado - University Professor, Seattle University School of Law; J.D., 1974, University of California, Berkeley. Jean Stefancic – Research Professor, Seattle University School of Law; M.A., 1989, University of San Francisco. “FOUR OBSERVATIONS ABOUT HATE SPEECH.” WAKE FOREST LAW REVIEW. 2009. http://wakeforestlawreview.com/wp-content/uploads/2014/10/Delgado_LawReview_01.09.pdf
9 -
10 -The alternative is to embrace the demand of abolitionism – we must recognize that whiteness operates subtly through hands-off policies that preserve the status quo. We choose to challenge the university system at the grassroots intersection with other liberation movements. Oparah 14
11 -
12 -Oparah, Julia. Professor and Chair of Ethnic Studies at Mills College and a founding member of Black Women Birthing Justice "Challenging Complicity: The Neoliberal University and the Prison–Industrial Complex." The Imperial University: Academic Repression and Scholarly Dissent (2014).
13 -
14 -
15 -The role of the ballot is to interrogate the AFF’s scholarship using the lens of critical race theory. This makes the passage of the plan irrelevant.
16 -
17 -First, their refusal of minority voices is a conscious choice. Delgado 84
18 -
19 -Delgado, Richard. "The imperial scholar: Reflections on a review of civil rights literature." University of Pennsylvania Law Review 132.3 (1984): 561-578.
20 -
21 -
22 -
23 -Second, a focus on political action assumes a kind of democratic liberalism that is inaccessible to marginalized voices. Refuse their demand for concrete state action. Lopez 03
24 -
25 -López, Gerardo R. University of Utah, Salt Lake City "The (racially neutral) politics of education: A critical race theory perspective." Educational Administration Quarterly 39.1 (2003): 68-94.
26 -
27 -
28 -Third, Debate is a space in which racial identity can be understood—This dynamic is key to confronting racial domination and questioning the underlying aspects of negative racial identities. Reid-Brinkley 08
29 -Shanara Rose. PhD in Philosophy from the University of Georgia. The Harsh Realities Of “Acting Black”: How African-American Policy Debaters Negotiate Representation Through Racial Performance And Style. https://getd.libs.uga.edu/pdfs/reid-brinkley_shanara_r_200805_phd.pdf pgs 2-3. 7/5
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1 -2017-02-06 00:16:37.0
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1 -I forgot sorry
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1 -I forgot sorry
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1 -32
Round
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1 -1
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1 -Harvard Westlake Nayar Neg
Title
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1 -JAN-FEB - CRT K
Tournament
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1 -Newark
Caselist.CitesClass[21]
Cites
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1 -DA Only
2 -Title IX investigations are increasing. Kingiade 16.
3 -Tyler Kingkade. “There Are Far More Title IX Investigations Of Colleges Than Most People Know”. Huffington Post. June 16, 2016. http://www.huffingtonpost.com/entry/title-ix-investigations-sexual-harassment_us_575f4b0ee4b053d433061b3d AGM
4 -
5 -And, increased investigations are a crucial way to hold schools accountable. Bricker 12.
6 -Nora Caplan Bricker. “How Title IX Became Our Best Tool Against Sexual Harassment”. The New Republic. June 21, 2012. https://newrepublic.com/article/104237/how-title-ix-became-our-best-tool-against-sexual-harassment. AGM
7 -
8 -AFF guts effectiveness of Title IX – it causes first amendment opportunism. Schauer 04
9 -Schauer, Frederick David and Mary Harrison Distinguished Professor of Law. "The boundaries of the First Amendment: A preliminary exploration of constitutional salience." Harvard Law Review (2004): 1765-1809.
10 -
11 -Sexual harassment in the classroom is a result of patriarchal violence that invades academia. Sexual harassment represents an oppressive use of power by professors and kills the participation and success of the harassed. Benson and Thomson 82
12 -
13 -Benson, Donna J., and Gregg E. Thomson. "Sexual harassment on a university campus: The confluence of authority relations, sexual interest and gender stratification." Social problems 29.3 (1982): 236-251.
14 -
15 -Empirically proven with graduation rates – Aff kills diversity. Bricker 12.
16 -Nora Caplan Bricker. “How Title IX Became Our Best Tool Against Sexual Harassment”. The New Republic. June 21, 2012. https://newrepublic.com/article/104237/how-title-ix-became-our-best-tool-against-sexual-harassment. AGM
17 -
18 -
19 -Diversity key to competitiveness. Hyman and Jacobs ‘09
20 -Jeremy S. Hyman – US News Contributor. Lynn F. Jacobs – US News Contributor. “Why Does Diversity Matter at College Anyway?” US News. August 12, 2009. http://www.usnews.com/education/blogs/professors-guide/2009/08/12/why-does-diversity-matter-at-college-anyway JJN
21 -
22 -Loss of US competitiveness affects countries all around the world – causes widespread poverty. Porter and Rivkin ‘12
23 -Michael E. Porter is a University Professor at Harvard, based at Harvard Business School in Boston. Jan W. Rivkin is the Bruce V. Rauner Professor at Harvard Business School. “The Looming Challenge to U.S. Competitiveness.” Harvard Business Review. March 2012. https://hbr.org/2012/03/the-looming-challenge-to-us-competitiveness JJN
EntryDate
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1 -2017-02-06 00:19:27.0
Judge
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1 -Boussayoud, Imen
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1 -Lexington KL
ParentRound
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1 -33
Round
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1 -2
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1 -Harvard Westlake Nayar Neg
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1 -JAN-FEB - Harrassment DA
Tournament
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1 -Newark
Caselist.CitesClass[22]
Cites
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1 -Public Universities and colleges should establish restrictions on hate speech consistent with Byrne’s proposal. This includes restrictions on otherwise protected free speech. They will remove all other restrictions on protected free speech. Byrne 91
2 -
3 -Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399.
4 -
5 -This article examines the constitutionality of university prohibitions of¶ public expression that insults members of the academic community by directing¶ hatred or contempt toward them on account of their race. I Several¶ thoughtful scholars have examined generally whether the government can¶ penalize citizens for racist slurs under the first amendment, but to the limited¶ extent that they have discussed university disciplinary codes they have assumed¶ that the state university is merely a government instrumentality subject¶ to the same constitutional limitations as, for example, the legislature or¶ the police. 2 In contrast, I argue that the university has a fundamentally dif ferent relationship to the speech of its members than does the state to the speech of its citizens. On campus, general rights of free speech should be qualified by the intellectual values of academic discourse. I conclude that the protection of these academic values, which themselves enjoy constitutional protection, permits state universities lawfully to bar racially abusive speech, even if the state legislature could not constitutionally prohibit such speech throughout society at large. At the same time, however, I assert that the first amendment renders state universities powerless to punish speakers for advocating any idea in a reasoned manner. It is necessary at the outset to choose a working definition of a racial insult. This definition, however, is necessarily provisional; any such definition implies the writer's views on the boundaries of constitutionally protected offensive speech, and the reader cannot be expected to swallow the definition until she has had the opportunity to inspect the writer's constitutional premises. Having offered such a caution, I define a racial insult as a verbal or symbolic expression by a member of one ethnic group that describes another ethnic group or an individual member of another group in terms conventionally derogatory, that offends members of the target group, and that a reasonable and unbiased observer, who understands the meaning of the words and the context of their use, would conclude was purposefully or recklessly abusive. Excluded from this definition are expressions that convey rational but offensive propositions that can be disputed by argument and evidence. An insult, so conceived, refers to a manner of speech that seeks to demean rather than to criticize, and to appeal to irrational fears and prejudices rather than to respect for others and informed judgment. 3
6 -
7 -The counterplan establishes checks on reverse enforcement, chilling effect, and slippery slope.
8 -
9 -Byrne, J. Peter. Associate Professor, Georgetown University Law Center. "Racial Insults and Free Speech Within the University." Geo. LJ 79 (1990): 399.
10 -
11 -Disciplinary rules are the least effective way that a university can enhance¶ the quality of speech or foster racial tolerance among its members. The educational¶ program must celebrate and instruct its students in the beauty and¶ usefulness of graceful and accurate speech and writing; a liberal education¶ should leave students intolerant of propaganda and commercial manipulation,¶ and competent to directly and forcefully express coherent views as citizens.¶ Such teaching is not amoral; the graduate ought freely to prefer the¶ exercise of skill, reflective perception, and an abiding curiosity to desires for acquisition, consumption, and domination. Without the university's consistent¶ action on a commitment to reasoned discourse as central to its mission,¶ the university's attempt to prohibit insulting or lewd speech may seem a hypocritical¶ denial of its own failings.¶ Similarly, prohibiting racial insults will advance racial harmony on a campus¶ only when the university has effectively committed itself to educate lovingly¶ the members of every ethnic group. Although nearly every university¶ admits minority students using criteria that aspire in good faith to be fair,¶ many have failed to transform themselves into truly multi-ethnic institutions.¶ Not to have succeeded at this daunting task does not merit reproach; the¶ university's origins and traditions are explicitly European, growth and accommodation¶ to the extent required to create a multi-ethnic community¶ must take time and witness false steps. However, not to have made plain¶ that blacks, hispanics, Asians, Indians, and others who have been excluded in¶ the past are not only now welcome, but are requested to collaborate in shaping¶ new university structures and mores so that the benefits of advanced education¶ will be available without regard to birth and so that the university can¶ continue to spawn for a changing society a cosmopolitan culture based on¶ reason and reflection standing above tribal fears and blind desires, not to¶ have begun this work in earnest merits regret and will provoke anger. Universities¶ that pass rules against racial insults which are not part of a comprehensive¶ commitment to ethnic integration will serve only to exacerbate racial¶ tensions.¶ Schools that adopt prohibitions on racially offensive speech ought to enforce¶ them with restraint. Certainly, when students have sought to intimidate¶ or frighten other students with racial insults, the school should treat this¶ behavior as a fundamental breach of university standards meriting the¶ strongest punitive measures. But often insulting expressions will result from¶ insensitivity or ignorance; complaints about such behavior should be seen as¶ opportunities for teaching, and creative informal measures that make the offenders¶ aware of the harmful consequences and injustice of their behavior¶ should be pursued. The school should also provide succor to the victim¶ whose hurt and anger must be acknowledged and meliorated. But severely¶ punishing ignorant young people for expressions inherited from their parents¶ or neighborhoods may serve to harden. and focus their sense of grievance,¶ create martyrs, and prolong racial animosity. Deans who administer such¶ rules must overcome their personal repugnance at racist speech and enforce¶ the rules for the benefit of the entire community. Controversial interpretative¶ application of the rules should be placed in the hands of faculty and¶ students representative of the entire institution, and the accused, the victim,¶ and the dean should have an opportunity to express their perspectives.¶ A recurrent concern regarding rules against racial insults is their vague-ness and overbreadth. These, of course, were the bases upon which the University¶ of Michigan's policy was declared unconstitutional, although the¶ demonstrated propensity of the school to apply the policy to presumptively¶ protected speech appears to have steered the Court's conclusions on these¶ issues.17 6 In general, university disciplinary rules rarely are struck down for¶ vagueness; courts usually permit universities to regulate student conduct on¶ the basis of generally stated norms, so long as they give fair notice of the¶ behavior proscribed. 177 Courts generally are more strict regarding vagueness¶ in rules that affect speech, in no small part because of the distrust of the¶ competence and motives of the government censor.178¶ A central argument of this article has been that the university can be¶ trusted to administer rules prohibiting racial insults because it has the proper¶ moral basis and adequate expertise to do so. It is not surprising, therefore,¶ that I believe that vagueness concerns about such university rules are largely¶ misplaced. This is not to deny that a university should adopt safeguards to¶ protect accused students from the concerns that the courts have highlighted.¶ First, the rules should state explicitly that no one may be disciplined for the¶ good faith statement of any proposition susceptible to reasoned response, no¶ matter how offensive. The possibility that punishment is precluded by this¶ limitation should be addressed at every stage of the disciplinary process. Second,¶ some response between punishment and acquittal should be available¶ when the university concludes that the speaker was subjectively unaware of¶ the offensive character of his speech; these cases seem to present mainly educational¶ concerns. Third, all controversial issues of interpretation of the¶ rules should be entrusted to a panel of faculty and students who are representative¶ of the institution. Rules furthering primarily academic concerns about¶ the quality of speech and the development of students should be given meaning¶ by those most directly concerned with the academic enterprise rather¶ than by administrators who may register more precisely external political¶ pressures on the university. Given these safeguards and a comprehensible¶ definition of an unacceptable insult, such as the one ventured in the introduction¶ to this article,179 a court which accepts the underlying proposition that a¶ university has the constitutional authority to regulate racial insults should¶ not be troubled independently by vagueness.¶ A difficult prudential consideration is whether a university should decline¶ to regulate insults because of public criticism that censorship demeans the very intellectual virtues towards which the university strives, such as the superiority¶ of persuasion over compulsion. Obviously, the adoption of such¶ regulation has brought forth sincere and bitter criticism from many friends of¶ higher education-the Economist, for example, went so far as to call such¶ regulations "disgraceful."'' 80 To some extent these criticisms stem from misunderstanding¶ about the character of academic speech and the goals of¶ prohibitions on racial insult, but universities should admit that turning to¶ regulation marks a sad failure in civility. A failure already has occurred,¶ however, when students scurrilously demean other students because of their¶ race. The university at this point can only choose among evils. It would not¶ be true to its traditions if it did not come down on the side of protecting the¶ educational environment for blameless students against wanton and hurtful¶ ranting.
12 -Hate speech codes are effective they create legal recognition which is key to challenge a culture of racism.
13 -Michel Rosenfeld* Justice Sydney L. Robins Professor of Human Rights, Benjamin N. Cardozo School¶ of Law. 24 Cardozo L. Rev. 1523 2002-2003
14 -
15 --Article surveyed hate speech laws across US, UK, Canada, Germany
16 -
17 -The principal disadvantages to the approach to hate speech¶ under consideration, on the other hand, are: that it inevitably has¶ to confront difficult line drawing problems, such as that between¶ fact and opinion in the context of the German scheme of¶ regulation; that when prosecution of perpetrators of hate speech¶ fails, such as in the British Southern News case discussed above,'30¶ regulation may unwittingly do more to legitimate and to¶ disseminate the hate propaganda at issue than a complete absence¶ of regulation would have;' that prosecutions may be too selective¶ or too indiscriminate owing to (often unconscious) biases¶ prevalent among law enforcement officials, as appears to have¶ been the case in the prosecutions of certain black activists under¶ the British Race Relations Act;'32 and, that since not all that may¶ appear to be hate speech actually is hate speech-such as the¶ documentary report involved in Jersild33 or a play in which a racist¶ character engages in hate speech, but the dramatist intends to¶ convey an anti-hate message-regulation of that speech may¶ unwisely bestow powers of censorship over legitimate political,¶ literary and artistic expression to government officials and judges.¶ In the last analysis, none of the existing approaches to hate¶ speech are ideal, but on balance the American seems less¶ satisfactory than its alternatives. Above all, the American¶ approach seems significantly flawed in some of its assumptions, in¶ its impact and in the message it conveys concerning the evils¶ surrounding hate speech. In terms of assumptions, the American¶ approach either underestimates the potential for harm of hate¶ speech that is short of incitement to violence, or it overestimates¶ the potential of rational deliberation as a means to neutralize calls¶ to hate. In terms of impact, given its long history of racial¶ tensions, it is surprising that the United States does not exhibit¶ greater concern for the injuries to security, dignity, autonomy and¶ well being which officially tolerated hate speech causes to its black¶ minority. Likewise, America's hate speech approach seems to¶ unduly discount the pernicious impact that racist hate speech may have on lingering or dormant racist sentiments still harbored by a¶ non-negligible segment of the white population.'34 Furthermore,¶ even if we discount the domestic impact of hate speech, given the¶ worldwide spread of locally produced hate speech, such as in the¶ case of American manufactured Neo-Nazi propaganda¶ disseminated through the worldwide web, a strong argument can¶ be made that American courts should factor in the obvious and¶ serious foreign impact of certain domestic hate speech in¶ determining whether such speech should be entitled to¶ constitutional protection. Finally, in terms of the message¶ conveyed by refusing to curb most hate speech, the American¶ approach looms as a double-edged sword. On the one hand,¶ tolerance of hate speech in a country in which democracy has been¶ solidly entrenched since independence over two hundred years ago¶ conveys a message of confidence against both the message and the¶ prospects of those who endeavor to spread hate.'35 On the other¶ hand, tolerance of hate speech in a country with serious and¶ enduring race relations problems may reinforce racism and¶ hamper full integration of the victims of racism within the broader¶ community.'36¶ The argument in favor of opting for greater regulation of hate¶ speech than that provided in the United States rests on several¶ important considerations, some related to the place and function¶ of free speech in contemporary constitutional democracies, and¶ others to the dangers and problems surrounding hate speech.¶ Typically, contemporary constitutional democracies are¶ increasingly diverse, multiracial, multicultural, multireligious and¶ multilingual. Because of this and because of increased migration,¶ a commitment to pluralism and to respect of diversity seem¶ inextricably linked to vindication of the most fundamental¶ individual and collective rights. Increased diversity is prone to¶ making social cohesion more precarious, thus, if anything,¶ exacerbating the potential evils of hate speech. Contemporary¶ democratic states, on the other hand, are less prone to curtailing free speech rights than their predecessors either because of deeper¶ implantation of the democratic ethos or because respect of¶ supranational norms has become inextricably linked to continued¶ membership in supranational alliances that further vital national¶ interests.¶ In these circumstances, contemporary democracies are more¶ likely to find themselves in a situation like stage four in the context¶ of the American experience with free speech rather than in one¶ that more closely approximates a stage one experience.'37 In other¶ words, to drown out minority discourse seems a much greater¶ threat than government prompted censorship in contemporary¶ constitutional democracies that are pluralistic. Actually, viewed¶ more closely, contemporary pluralistic democracies tend to be in a¶ situation that combines the main features of stage two and stage¶ four. Thus, the main threats to full fledged freedom of expression¶ would seem to come primarily from the "tyranny of the majority"¶ as reflected both within the government and without, and from the¶ dominance of majority discourses at the expense of minority ones.¶ If it is true that majority conformity and the dominance of its¶ discourse pose the greatest threat to uninhibited self-expression¶ and unconstrained political debate in a contemporary pluralist¶ polity, then significant regulation of hate speech seems justified.¶ This is not only because hate speech obviously inhibits the selfexpression¶ and oopportunity of inclusion of its victims, but also,¶ less obviously, because hate speech tends to bear closer links to¶ majority views than might initially appear. Indeed, in a¶ multicultural society, while crude insults uttered by a member of¶ the majority directed against a minority may be unequivocally¶ rejected by almost all other members of the majority culture, the¶ concerns that led to the hate message may be widely shared by the¶ majority culture who regard of other cultures as threats to their¶ way of life. In those circumstances, hate speech might best be¶ characterized as a pathological extension of majority feelings or¶ beliefs.¶ So long as the pluralist contemporary state is committed to¶ maintaining diversity, it cannot simply embrace a value neutral¶ mindset, and consequently it cannot legitimately avoid engaging in¶ some minimum of viewpoint discrimination. This is made clear by¶ the German example, and although the German experience has¶ been unique, it is hard to imagine that any pluralist constitutional¶ democracy would not be committed to a similar position, albeit to¶ a lesser degree.'38 Accordingly, without adopting German free speech jurisprudence, at a minimum contemporary pluralist¶ democracy ought to institutionalize viewpoint discrimination¶ against the crudest and most offensive expressions of racism,¶ religious bigotry and virulent bias on the basis of ethnic or national¶ origin
18 -
19 -Hate speech kills the market place of ideas, fosters self-hatred and primes society for real violence. Johnsons 2000
20 -Catherine B. Johnson JD Candidate Fordham Law School “STOPPING HATE WITHOUT STIFLING SPEECH: RE-EXAMINING THE MERITS OF HATE SPEECH CODES ON UNIVERSITY CAMPUSES” August, 2000 27 Fordham Urb. L.J. 1821
21 -
22 -The ubiquity and incessancy of harmful racial depiction are thus the source of its virulence. Like water dripping on sandstone, it is a pervasive harm which only the most hardy can resist. Yet the prevailing first amendment paradigm predisposes us to treat racist speech as an individual harm, as though we only had to evaluate the effect of a single drop of water. This approach ... systematically misperceives the experience of racism for both victim and perpetrator. 157¶ ¶ Mari Matsuda, a professor at the School of Law and at the Center for Asian American Studies at UCLA, was one of the first to look at the hate speech issue from the point of view that it actually harms its victims. She is often accredited for bringing an "outsider jurisprudence" to the forefront of this debate. 158 Matsuda explains that victims of hate speech suffer irreparable harm, both psychologically and physically. 159 Victims of racist speech internalize the feelings of inferior self-worth and self-hatred. This in turn affects their relationships with others, their job performance, educational endeavors, and ultimately their ability to effectively communicate. 160 *1845 The harm of hate speech, as proponents of codes contend, is real.¶ a. Assaultive Speech Lands a BlisteringBlow¶ ¶ Those in favor of hate speech regulations argue that the harm of such speech is the equivalent of a punch - an actual assault on one's sense of person, essentially having the same effect as physical violence. 161 Like violence, words may land a sharp and insidious blow to those at whom they are hurled: "The experience of being called a 'nigger,' 'spic,' 'Jap,' or 'kike' is like receiving a slap in the face." 162 Regulating such speech is a "pragmatic response to the urgent needs of students of color and other victims of hate speech who are daily silenced, intimidated, and subjected to severe psychological and physical trauma by racist assailants who employ words and symbols as part of an arsenal of weapons of oppression and subordination." 163¶ As if repeated blows to one's psychological well-being by language of this sort is not enough, the victim is then further injured by the "government response of tolerance." 164 The blows of the racists, the homophobes or the sexists is then compounded by a final shot from the government or the university that stands idly by and accepts the intolerant messages. 165¶ Those involved in the outsider jurisprudence movement contend that a message of hate "inflicts wounds" 166 that do not just injure the intended victim but rather "hit the gut of all those in the target group." 167 This message - you are different, you are inferior, you do not belong, you will never amount to anything - is then *1846 "conveyed on the street, in school yards, in popular culture, and in the propaganda of hate widely distributed in this country." 168¶ b. Tolerance of Hate Speech Perpetuates a Social Reality ofSubordination¶ ¶ Those who call for regulation of hate speech further contend that in allowing such messages to be conveyed and spread, the government is arguably constructing and even perpetuating a damaging social reality about the affected groups "so that members of that group are always one down." 169 All members are harmed, because "at some level, no matter how much both victims and well-meaning dominant-group members resist it, racial inferiority is planted in our minds as an idea that may hold some truth." 170¶ This dominant social reality harms victims of hate speech in two ways: (1) externally, in society's perception of such groups; and (2) internally, in the victim's own perception of himself. The former is known as the "those people" effect - when one repeatedly hears that "those people are lazy, dirty, sexualized, money-grubbing, dishonest, inscrutable ... we reject the idea, but the next time we sit next to one of 'those people' the dirt message, the sex message, is triggered." 171¶ By "permitting one social group to speak disrespectfully of another habituates and encourages speakers to continue speaking that way in the future," 172 thereby making laws regulating such speech imperative to ensure that such groups may no longer find themselves "one down." 173 As this way of speaking becomes "normalized" by society, it then becomes "inscribed in hundreds of plots, narratives, and scripts; it becomes part of culture, what everyone knows." 174¶ Not only do such messages cause external or reputational harm to the group as perceived by society, such ideas often become an internal reality for victims. Repeated messages of this sort eventually *1847 cause victims to believe that perhaps they do not deserve to be treated as everyone else. 175 "Through an unfortunate psychological mechanism, incessant bombardment by images of this sort ... inscribe those negative images on the souls and minds of minority persons. Minorities internalize the stories they read, see and hear every day." 176¶ The effect of such internalization silences victims, ingraining them with the notion that their voice is not valuable or credible in society's discourse. 177 "Who would listen to, who would credit, a speaker or writer one associates with watermelon-eating, buffoonery, menial work, intellectual inadequacy, laziness, lasciviousness, and demanding resources beyond his or her adequate share?" 178 The result of such silencing is that victims of hate speech have no effective voice in the marketplace of ideas, 179 leaving them little opportunity to counter-attack the assaultive speech. 180¶ c. Hate Speech Denies Equal EducationalOpportunity¶ ¶ ¶ Our educational institutions are idealized as a refuge for the calm, impartial, and unimpeded pursuit of knowledge and truth. Here we hope to escape the bigotry, cruelty and injustice outside. But universities and colleges are no longer, if they ever were, tranquil havens in a prejudiced world. Instead, for people of color, women, gays and lesbians, religious minorities, and members of other arbitrarily disadvantaged groups, institutions of higher education have become, increasingly, places of physical and psychological danger. 181
23 -And hate speech primes society for genocide – multiple empirical examples prove. Tsesis 09
24 -Tsesis, Alexander Loyola University Chicago School of Law. "Dignity and speech: The regulation of hate speech in a democracy." (2009).
25 -Permitting persons or organizations to spread ideology touting a¶ system of discriminatory laws or enlisting vigilante group violence¶ erodes democracy. So it was in the Weimar Republic, where the¶ repeated anti-Semitic propaganda of vulgar ideologues like Julius¶ Streicher, who published perverse attacks against Jews in Der¶ Stiirmer, chipped away at the post-World War I German democratic¶ experiment.6¶ ' Avowedly influenced by nineteenth century antiSemitism,¶ his weekly stories of Jewish ritual murder and sexual¶ exploitation were a crude way of antagonizing the victims and¶ gaining support for widespread prejudice against Jews." It is truly¶ eerie, now, looking at photographs relating the effectiveness of Nazi¶ propaganda: respectable looking adults in suits and dresses¶ listening to long lectures on Jewish inferiority; children, barely able¶ to stand on their two feet, raising their right arm in a Nazi salute.¶ Nazi propaganda incorporated numerous well-known¶ nineteenth century slogans. To take one example, Streicher, who¶ was later sentenced to death by the Nuremberg War Crimes¶ Tribunal, 64 used an inflammatory slogan, "The Jews are our misfortune!" on his newspaper masthead.and At one point over¶ 130,000 copies of his publication were sold and displayed on public¶ message boards throughout the country.66 The phrase also became¶ prominently featured on posters throughout the Third Reich.67¶ This slogan was taken verbatim from an 1879 article by¶ Professor Heinrich von Treitschke, arguably the greatest German¶ historian of the nineteenth century.68 Its visibility in pre-World War¶ II German society helped legitimize anti-Semitism there in¶ intellectual circles.69¶ A gradual process of incitement also occurred elsewhere. In¶ many American colonies, authors and legal institutions had been¶ degrading blacks since the seventeenth century.70 By national¶ independence, in 1776, the colonies of South Carolina and Georgia¶ had long-standing commitments to retaining slavery despite the oftrepeated¶ mantra of universal natural rights. In 1787, those two states refused to endorse the proposed Constitution without¶ provisions protecting that undemocratic institution."72¶ Senator John Calhoun, Congressman Henry Wise, and other¶ powerful racist orators misled the public about the supposedly¶ benevolent slave owner, feeding his slaves and treating them like¶ his own children. 3 The repeated inculcation of supremacism proved¶ effective in misrepresenting blacks as moveable property.¶ Abolitionists like Theodore Weld, Angelina and Sarah Grimk6,¶ Frederick Douglass, and William Lloyd Garrison were unable to win¶ over the country to their abolitionist views.74 To the contrary,¶ proslavery thought monopolized the Southern marketplace of¶ ideas.' Slavery came to an end after a bloody Civil War, not¶ through articulate or even heated debate.6¶ Because intimidating hate speech has so often inflamed¶ dangerous attitudes, the value of such expression should be¶ balanced against the likelihood that it will cause harm. The risks¶ are greater when hate propaganda incorporates symbolism, like¶ swastikas, that demagogues have historically displayed to rally¶ supporters to action. Robert Post is undoubtedly correct that speech¶ is valuable because it provides a breeding ground for "collective selfdetermination."7¶ 7 The more difficult question is how self-expression¶ should be treated when it conflicts with the safety of its target.¶ As much as self-expression is fundamental to democratic¶ institutions, it can, nevertheless, be balanced against the social¶ interest in safeguarding a pluralistic culture by preventing the¶ instigation of demagogic threats. Placing no limits on speech-not¶ even on expressions blatantly intended to make life miserable for¶ minorities-preserves the rights of speakers at the expense of¶ targeted groups. Defamation statutes, zoning regulations, and¶ obscenity laws indicate that the freedom of speech is not shielded¶ where it undermines other individuals' legitimate interests. 7 Hate speech regulation undoubtedly inhibits some opportunities for selfexpression;¶ more importantly, it prevents instigative communication¶ from undermining its targets' ability to live unaccosted by¶ harassment.¶ In the many historic examples when destructive messages¶ proved to be effective in instigating violence, they caused enormous¶ social turmoil. Just like shouting "fire" in a crowded movie theater,¶ which can be prohibited without violating the First Amendment,79¶ hate speech can cause a stampede. Take Spain, for instance, which¶ expelled its Jewish population in 1492.80 The expulsion came after¶ years of Inquisition propaganda and hurt both the exiled Jews and¶ the remaining Spanish population. 1 Teachings by zealous¶ preachers like Vincent Ferrer, a later-canonized Dominican monk,¶ in the late fifteenth century brought on a nationwide anti-Jewish¶ hysteria that opposed the free practice of Judaism while decrying¶ overt violence.82 Pursuant to his instigation, a Castilian decree¶ discriminated against Jews in employment, dress, and criminal¶ punishments.83 Historian Heinrich Graetz explained the connection¶ between anti-Jewish preaching and draconian edicts: the populace¶ was "inflamed by the passionate eloquence of the preacher and¶ emphasized his teaching by violent assaults on the Jews." 4 Another¶ historian explained that:¶ For centuries, Christians had been encouraged to hate the¶ Jews. With preachers telling them, Sunday after Sunday, that¶ Jews were perverted and guilty of complicity in the death of¶ Christ, the faithful ended up by detesting them with a hatred 815 that was bound one day to express itself in violence .¶ Once unleashed, the expulsion of Jews from Spain followed¶ naturally from the verbal spread of hatred during the Inquisition.8 6¶ The economic consequences were grave. Many commercial enterprises in Seville and Barcelona, for instance, were ruined .¶ "Spain lost an incalculable treasure by the exodus of Jewish...¶ merchants, craftsmen, scholars, physicians, and scientists," wrote¶ the encyclopedic Will Durant, "and the nations that received them¶ benefitted economically and intellectually."88 Anti-Jewish preaching¶ in parts of Spain influenced a wide social segment of the population,¶ and the result was devastating both for the Jews who fled and for¶ the country that renounced them on dogmatic grounds. Elsewhere¶ in the ancient world, as historian Ben Kiernan has compellingly¶ documented, periodic mass massacres perpetrated against segments¶ of the native populations in Ireland, North and South America, and¶ Australia were likewise influenced by widely disseminated¶ dehumanizing statements. 9¶ The spread of ethnic and racial hatred continues to elicit¶ violence throughout the modern world. The dissemination of¶ ethnically incitable messages has precipitated tribal clashes in¶ Kenya.90 In Rwanda, ethnic stereotyping and repeated media calls¶ for the extermination of Tutsi led to a massive genocide perpetrated¶ against that group.9¶ '¶ Arab racial hate propaganda in the Sudan has catalyzed a¶ government-sponsored attempt to "cleanse" black Africans in¶ Darfur, Sudan." Likewise, in the Democratic Republic of the Congo¶ the government has relied on the incitement of ethnic hatred,¶ creating a culture where ethnic murder is a routine militia¶ practice. In the Arab world, terror organizations like Hamas and¶ Hizballah spread hatred against Jews without any interference from several governments, including Egypt, Syria, Lebanon, and Saudi¶ Arabia. 94 School texts that are "written and produced by Saudi¶ government" teach children to kill Jews and to hate Christians and¶ Jews.95¶ Hate propaganda in these countries is far more virulent than it¶ is in the United States; nevertheless, a democracy committed to the¶ protection of individual rights does not run afoul of free speech¶ principles by criminalizing group incitement that has so globally¶ proven to influence harmful social movements.¶ A First Amendment theory, as the Supreme Court made clear in¶ Virginia v. Black, must examine whether there are historical¶ reasons to believe that offensive expression against an identifiable¶ group is likely to intimidate reasonable audiences. Robert Post's¶ argument about the undemocratic nature of hate speech regulation¶ regards "the function of public discourse" to be the reconciliation of¶ "the will of individuals with the general will. Public discourse is¶ thus ultimately grounded upon a respect for individuals seen as 'free¶ and equal persons."'97 He emphasizes democracy's central obligation¶ to protect private "autonomous wills."9" His insightful¶ characterization, however, captures only part of the raison d'etre of¶ democracy; on a more community-oriented level, that system of¶ governance serves to protect the overall well-being of the polity¶ against the wanton call for discriminatory conduct or violence. And¶ Black explicitly sanctions states' use of historical records to identify¶ symbolism that is likely to terrorize the populace and, therefore,¶ detract from the common good.99 This development in First¶ Amendment jurisprudence indicates that there is more to democracy¶ than self-determination.¶ Post's most recent statement on hate speech does not address¶ Black, even though the chapter was written after the Court¶ rendered its decision. 100 He connects the expression of hate to¶ "'extreme' intolerance and 'extreme' dislike."' °¶ ' This description,¶ while correct, does not account for the connection between hate¶ speech and extreme conduct. While the Constitution does not¶ authorize laws against negative emotions, speech that is¶ substantially likely to cause discriminatory harm, especially violence, can be regulated without infringing on the fundamental¶ principles of democracy.
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-03-05 06:00:48.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Cooper, Devan
Opponent
... ... @@ -1,1 +1,0 @@
1 -Loyola LA
ParentRound
... ... @@ -1,1 +1,0 @@
1 -34
Round
... ... @@ -1,1 +1,0 @@
1 -6
Team
... ... @@ -1,1 +1,0 @@
1 -Harvard Westlake Nayar Neg
Title
... ... @@ -1,1 +1,0 @@
1 -JAN-FEB Hate Speech PIC
Tournament
... ... @@ -1,1 +1,0 @@
1 -USC
Caselist.RoundClass[28]
Cites
... ... @@ -1,1 +1,0 @@
1 -19
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-01-06 04:20:19.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Chetan Hertzig, Abdul Beretay
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-Newark%20Round%20Robin-Round1.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -Newark Science TA
Round
... ... @@ -1,1 +1,0 @@
1 -1
RoundReport
... ... @@ -1,3 +1,0 @@
1 -AC Black and Brown Americans Get Free Speech
2 -NC T any cap K
3 -NR T any
Tournament
... ... @@ -1,1 +1,0 @@
1 -Newark Round Robin
Caselist.RoundClass[29]
Cites
... ... @@ -1,1 +1,0 @@
1 -20
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-05 15:37:29.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Matthew Leuvano
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-Golden%20Desert-Round2.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -Harker EM
Round
... ... @@ -1,1 +1,0 @@
1 -2
RoundReport
... ... @@ -1,3 +1,0 @@
1 -AC - Chronicle
2 -NC - Util NC Soft Power DA Title IX DA
3 -NR - Title IX DA
Tournament
... ... @@ -1,1 +1,0 @@
1 -Golden Desert
Caselist.RoundClass[30]
Cites
... ... @@ -1,1 +1,0 @@
1 -19
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-05 15:39:41.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Kathy Bond
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-Golden%20Desert-Round1.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -Chaminade JB
Round
... ... @@ -1,1 +1,0 @@
1 -1
RoundReport
... ... @@ -1,2 +1,0 @@
1 -AC - Racism marketplace ideas
2 -NC - Cap K
Tournament
... ... @@ -1,1 +1,0 @@
1 -Golden Desert
Caselist.RoundClass[31]
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-06 00:15:43.0
Judge
... ... @@ -1,1 +1,0 @@
1 -any
Opponent
... ... @@ -1,1 +1,0 @@
1 -any
Round
... ... @@ -1,1 +1,0 @@
1 -1
Tournament
... ... @@ -1,1 +1,0 @@
1 -any
Caselist.RoundClass[32]
Cites
... ... @@ -1,1 +1,0 @@
1 -20
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-06 00:16:35.0
Judge
... ... @@ -1,1 +1,0 @@
1 -I forgot sorry
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-Newark-Round1.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -I forgot sorry
Round
... ... @@ -1,1 +1,0 @@
1 -1
Tournament
... ... @@ -1,1 +1,0 @@
1 -Newark
Caselist.RoundClass[33]
Cites
... ... @@ -1,1 +1,0 @@
1 -21
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-06 00:19:25.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Boussayoud, Imen
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-Newark-Round2.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -Lexington KL
Round
... ... @@ -1,1 +1,0 @@
1 -2
RoundReport
... ... @@ -1,3 +1,0 @@
1 -AC - Cap
2 -NC - cap and harassment
3 -NR - harassment
Tournament
... ... @@ -1,1 +1,0 @@
1 -Newark
Caselist.RoundClass[34]
Cites
... ... @@ -1,1 +1,0 @@
1 -22
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-03-05 06:00:44.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Cooper, Devan
OpenSource
... ... @@ -1,1 +1,0 @@
1 -https://hsld.debatecoaches.org/download/Harvard+Westlake/Nayar+Neg/Harvard%20Westlake-Nayar-Neg-USC-Round6.docx
Opponent
... ... @@ -1,1 +1,0 @@
1 -Loyola LA
Round
... ... @@ -1,1 +1,0 @@
1 -6
RoundReport
... ... @@ -1,3 +1,0 @@
1 -AC - Metanarratives
2 -NC - Hate speech PIC Radical CRT
3 -NR - Hate speech PIC
Tournament
... ... @@ -1,1 +1,0 @@
1 -USC

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