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+FRAMING |
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+The only way to evaluate questions of “ought” is through appealing to the constitutive rules of agents |
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+Searle ‘64 |
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+Searle, John R. “How to Derive ‘Ought’ From ‘Is.’” The Philosophical Review, vol. 73, no. 1, 1964, pp. 43–58. www.jstor.org/stable/2183201. //KOHS-RR |
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+This summary of the traditional empirical view has been very brief, but I hope |
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+AND |
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+ought’s” from “is’s” on the model of the first derivation. |
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+ |
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+Thus, the standard is consistency with the constitutive rules of agents. |
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+ |
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+Constitutivism is concerned with the obligations of agents, which necessitates rule util. Prefer this over any other stance. |
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+Chappell ‘05 |
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+Chappell, Richard Yetter. "Indirect Utilitarianism." Indirect Utilitarianism. University of New York, 11 June 2005. Web. 04 Jan. 2017. http://www.philosophyetc.net/2005/06/indirect-utilitarianism.html. //KOHS-RR |
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+Utilitarianism is a much maligned moral theory, in part because it's so easily abused |
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+AND |
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+that there is no real chance that actions will even approximate to them. |
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+ |
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+Thus, the most important consequences to consider are those associated with abiding by a rule. |
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+Smart ‘56 |
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+J. J. C. Smart, Professor of Philosophy at the University of Adelaide, PHILOSOPHICAL QUARTERLY, Volume 6, 1956, p. 344-5. //KOHS-RR |
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+A more modest form of utilitarianism has recently become fashionable. The doctrine is to |
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+AND |
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+governs the given case. I shall call this doctrine "restricted utilitarianism." |
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+ |
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+The U.S. Constitution is the constitutive rule for all government agents. |
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+Madison ‘87 |
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+John Dickinson, Gouverneur Morris, Thomas Jefferson, John Adams, Thomas Paine, Edmund Randolph, James Madison, Roger Sherman, James Wilson, and George Wythe (Founding Fathers). Constitution. 1787. |
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+This Constitution, and the Laws of the United States which shall be made in |
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+AND |
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+America the Twelfth. In Witness Whereof We have hereunto subscribed our Names. |
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+ |
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+Public colleges and universities are agents and extensions of the government. |
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+Farlex ‘08 |
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+"Colleges and Universities Legal Definition of Colleges and Universities." The Free Dictionary. Farlex, 2008. Web. 05 Jan. 2017. http://legal-dictionary.thefreedictionary.com/Colleges+and+Universities. |
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+U.S. colleges and universities are governed by many of the same laws |
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+AND |
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+, which guarantees that the government will not interfere with Freedom of Speech. |
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+ |
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+Because public agents shouldn’t violate the Constitution, I advocate that public colleges and universities in the United States ought not restrict any constitutionally protected speech. I reserve the right to clarify in CX. |
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+ |
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+Advantage 1: Credibility |
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+ |
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+Constitutionality is key to credibility—violating the constitution kills trust. |
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+Ginsburg ‘06 |
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+Tom Ginsburg (Professor of Law and Political Science, University of Illinois, Urbana-Champaign). “LOCKING IN DEMOCRACY: CONSTITUTIONS, COMMITMENT, AND INTERNATIONAL LAW.” 2006. http://works.bepress.com/tom_ginsburg/12/ |
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+Why might these issues of constitutional design vary across countries? I draw on the |
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+AND |
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+their own hands, they actually can enhance their own authority. |
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+ |
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+Inhibiting free speech would uniquely impact legitimacy—the majority of students don’t want restrictions. |
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+Jones ‘16 |
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+(Jeffrey M. Jones, “College Students Oppose Restrictions on Political Speech”, http://www.gallup.com/poll/190451/college-students-oppose-restrictions-political-speech.aspx) |
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+PRINCETON, N.J. ~-~- U.S. College students mostly reject |
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+AND |
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+sampling error is ±3 percentage points at the 95 confidence level. |
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+ |
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+Credibility has three implications: |
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+ |
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+a) Key to addressing crime |
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+Tyler ‘04 |
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+Professor Of Psychology at New York University. Enhancing Police Legitimacy Tom R. Tyler Annals of the American Academy of Political and Social Science , Vol. 593, To Better Serve and Protect: Improving Police Practices (May, 2004), pp. 84-99 |
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+One way to approach the relationship between the police and the public is to consider |
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+AND |
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+2002) and in people's everyday law-related behavior (Tyler 1990). |
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+ |
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+Violent crime creates self-reinforcing cycles that doom youth and increases structural violence. |
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+Reich ‘02 |
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+Reich, Kathleen. "Children, Youth, and Gun Violence: Analysis and Recommendations." The Future of Children 12.2 (2002): n. pag. Web. 6 Nov. 2016. //KOHS-RR |
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+Just as the economic costs of gun violence are substantial, so are the psychological |
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+AND |
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+killed or die, and 19 sometimes wished they were dead.49 |
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+ |
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+b) Solves multiple scenarios for extinction. |
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+Nye and Armitage ‘07 |
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+Joseph Nye (University Distinguished Service Professor at Harvard University, and previous dean of Harvard University's John F. Kennedy School of Government) and Richard Armitage (13th United States Deputy Secretary of State, the second-in-command at the State Department, serving from 2001 to 2005), “CSIS Reports – A Smarter, More Secure America”, 11/6, 2007 http://www.csis.org/component/option,com_csis_pubs/task,view/id,4156/type,1/ |
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+Soft power is the ability to attract people to our side without coercion. Legitimacy |
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+AND |
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+least as much as their ability to destroy the enemy’s will to fight. |
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+ |
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+c) Constitutional credibility and free speech are prerequisites to all other impacts. |
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+Bernstein ‘03 |
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+Bernstein, David E. "Defending the First Amendment from Antidiscrimination Laws." SSRN. North Carolina Law Review, 2003. Web. 04 Jan. 2017. https://poseidon01.ssrn.com/delivery.php?ID=392001104070024087023118031066018007046068057063028037092013031000105026003099016126010063039006013115083085095056083028059013065071065006031002064102126088040046031115094008094075002000101020121098104118084019110112078121117013001019092072098andEXT=pdf. //KOHS-RR |
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+The student who callously utters a racial epithet, the bigots who refuse to admit |
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+AND |
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+of others, and when they do, political processes cannot redress it." |
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+ |
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+Advantage 2: Rule of Law |
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+ |
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+The U.S. constitution is a worldwide model for rule of law—other countries prove. |
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+London ‘01 |
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+Herbert I. London (President of the Hudson Institute and Profesor Emeritus at NYU). “The Enemy Within.” 1 April 2001. |
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+Fourth, the United States possesses a sense of moral universalism that exists nowhere else |
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+AND |
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+there is no question that the United States will maintain its extraordinary leadership. |
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+ |
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+Two extinction scenarios: |
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+ |
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+a) Rule of law is key to combating oppression and global war. |
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+Rhyne ‘58 |
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+Charles S. Rhyne, Washington lawyer, Law Day Speech for Voice of America delivered on the first Law Day, 1958 |
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+Law and courts exist to protect every citizens of the United States |
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+AND |
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+to replace weapons before the dreadful holocaust of nuclear war overtake our people. |
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+ |
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+War causes extinction |
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+Germanos ‘13 |
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+Germanos, Andrea. "Nuclear War Could Mean 'Extinction of the Human Race'" Common Dreams. Common Dreams, 10 Dec. 2013. Web. 04 Jan. 2017. http://www.commondreams.org/news/2013/12/10/nuclear-war-could-mean-extinction-human-race. //KOHS-RR |
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+A war using even a small percentage of the world's nuclear weapons threatens the lives |
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+AND |
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+“In order to eliminate this threat, we must eliminate nuclear weapons.” |
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+ |
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+b) Maintaining the rule of law is k2 preventing pandemics. |
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+Greco |
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+ (Michael, president of the American Bar Association, Miami Daily Business Review, 12/5, lexis) |
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+What makes the rule of law so important that it attracted such a distinguished community |
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+AND |
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+for an independent, nonpartisan commission to investigate our treatment of such prisoners. |
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+ |
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+Pathogen outbreaks lead to extinction. |
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+Casadevall |
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+(Arturo Casadevall, Professor and Chair of the Department of Microbiology and Immunology, Professor in the Division of Infectious Diseases, and Director of the Center for Immunological Sciences, Albert Einstein College of Medicine, “The future of biological warfare,” Microbial Biotechnology, 5(5), September 2012, p.584-585, http://onlinelibrary.wiley.com/doi/10.1111/j.1751-7915.2012.00340.x/abstract) |
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+In considering the importance of biological warfare as a subject for concern it is worthwhile |
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+AND |
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+acquired the capacity for pathogenicity as a consequence of natural evolution or bioengineering. |
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+ |
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+Advantage 3: Terrorism |
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+ |
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+The 1st amendment is key to preventing pro-terror backlash that increases terrorism—the AC supports engaging interactions that go against current militaristic approaches to terror. |
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+Lombardi et al ‘15 |
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+Lombardi, Marco, IÌ„maÌ„n AhÌmad Rajab, Vivienne Chin, Yvon Dandurand, Valerio De Divitiis, and Alessandro Burato. Countering Radicalisation and Violent Extremism among Youth to Prevent Terrorism. Amsterdam: IOS, 2015. Print. |
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+First, we should carefully calibrate prevention activities and avoid catch-all, indiscriminate |
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+AND |
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+increasing meaningful and engaging interactions is the best antidote to violent extremist ideologies. |
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+ |
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+Two implications: |
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+ |
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+1) Increased terrorist backlash causes extinction. |
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+Gordon ‘02 |
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+Gordon 02, (Harvey, Visiting Lecturer, Forensic Psychiatry, Tel Aviv University, “The ‘Suicide’ Bomber: Is It a Psychiatric Phenomenon?” PSYCHIATRIC BULLETIN v. 26, 2002, pp. 285-287. Available from the Wrold Wide Web at: http://pb.rcpsych.org/cgi/content/full/26/8/285) |
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+Although terrorism throughout human history has been tragic, until relatively recently it has been |
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+AND |
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+phenomenon can be explained in political terms. Most participants in terrorism are not |
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+ |
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+2) Militaristic approaches to terror perpetuate Islamophobia and strengthen barriers. |
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+Reister ‘16 |
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+Reister. "Islamophobia and Counter-Terrorism: A Vicious Cycle." The Evergreen State College. N.p., May 2016. Web. 23 Nov. 2016. //KOHS-RR |
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+Islamophobia has been present in many Western nations for hundreds of years, but has |
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+AND |
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+that it creates only serve to generate more Islamophobia through a vicious cycle. |
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+ |
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+Islamophobia, especially in the classroom, destroys the health and learning capabilities of Muslims. |
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+Irshad ‘15 |
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+Irshad, Ghazala. "How Anti-Muslim Sentiment Plays out in Classrooms across the US." The Guardian. Guardian News and Media, 21 Dec. 2015. Web. 30 Dec. 2016. //KOHS-RR |
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+Fifty-five percent of Muslim students surveyed by the Council on American Islamic Relations |
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+AND |
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+immune systems and destroys their focus, disrupting and learning ability. |