Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.CitesClass[12]
  • Caselist.CitesClass[13]

Details

Caselist.CitesClass[12]

EntryDate

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1		-2017-01-14 21:25:40.191
	1	+2017-01-14 21:25:40.0

Caselist.CitesClass[13]

Cites

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	1	+Cp text: Public colleges and universities in the United States ought not restrict constitutionally protected speech other than fraternity advertising, organization, and membership and the distribution of revenge porn.
	2	+To clarify, both the cp, and both prongs of it are unconditional.
	3	+Fraternities sites of rape, death, and serious injury
	4	+Flanagan 14 (Caitlin, the Atlantic, citing Douglas Fierberg, attorney specializing in fraternity-related litigation, “The Dark Power of Fraternities”, http://www.theatlantic.com/magazine/archive/2014/03/the-dark-power-of-fraternities/357580/)
	5	+“Until proven otherwise,” Fierberg told me in April of fraternities, “they all are very risky organizations for young people to be involved in.” He maintains that fraternities “are part of an industry that has tremendous risk and a tremendous history of rape, serious injury, and death, and the vast majority share common risk-management policies that are fundamentally flawed. Most of them are awash in alcohol. And most if not all of them are bereft of any meaningful adult supervision.” As for the risk-management policies themselves: “They are primarily designed to take the nationals’ fingerprints off the injury and deaths, and I don’t believe that they offer any meaningful provisions.” The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
	6	+Ban on campus fraternities solves – even banning fraternity advertising alone is good
	7	+Ryan 14 (Julia, The Atlantic, “How Colleges Could Get Rid of Fraternities”, http://www.theatlantic.com/education/archive/2014/03/how-colleges-could-get-rid-of-fraternities/284176/)
	8	+Perhaps the most obvious way to end fraternities is for universities to simply remove Greek life from their campuses. “It’s not even really a turf war anymore between universities and Greek groups because it’s as as if universities have given up,” Alexandra Robbins, author of Pledged: The Secret Life of Sororities, said in an interview. “If higher education really wanted to get rid of Greek groups, they could. All universities would have to do is put their foot down, but they don’t.” Universities could say no Greek groups or events on campus and prohibit advertising for Greek life on campus. Elizabeth A. Armstrong, a sociologist at University of Michigan and co-author of Paying for the Party, suggested universities could quell the power of Greek life just by treating fraternities like other clubs: “One method would be to say okay you are not so special. You do not get the special attention of the dean. We are going to actually allow other student groups on campus equal power,” she said. “We are going to supervise you just as much as everybody else.”
	9	+Fraternities are protected by the First Amendment's right to free speech
	10	+Lukianoff 11 Greg Lukianoff (President and CEO, Foundation for Individual Rights in Education), "To Survive, Fraternities Need to Stand for Something, Anything," Huffington Post, 8/1/2015 AZ
	11	+A lot of fraternities seem to know that their freedom of association is protected by the First Amendment. (While the freedom to join and form groups is not technically listed in the text of the First Amendment, it is understood to arise from the protections of freedom of speech and the right to assembly.) What fraternities often do not know, however, is that there are several different kinds of freedom of association protected by the First Amendment, and they are not all made equal. The strongest kind of freedom of association protected by the First Amendment is the right to “intimate” association, best represented by the family. Our government recognizes that the bonds of family are particularly important and that it should do its best to avoid actions that interfere with this bond. The second strongest kind of freedom of association is called “expressive” association. Sensibly, courts understand that the right to freedom of expression would not mean a great deal if we are forbidden from joining together with like-minded individuals to amplify the power of our voices and take collective action. This understanding forms the basis of our right to form groups around commonly held beliefs whether they are religious, secular, or ideological. Everything from Mothers Against Drunk Driving to NORML is a kind of expressive association. (This includes my nonprofit, the Foundation for Individual Rights in Education, as well.)
	12	+
	13	+Second advantage to the cp is revenge porn
	14	+~Callie Rennison 14 (associate professor in the School of Public Affairs at the University of Colorado Denver) and Lynn Addington (associate professor in the Department of Justice, Law and Criminology, School of Public Affairs at American University in Washington, DC), "Violence Against College Women: A Review to Identify Limitations in Defining the Problem and Inform Future Research" Trauma, Violence, and Abuse. July 2014. Vol. 15, no. 3. Pgs. 159-169. http://tva.sagepub.com/content/15/3/159.full~~#sec-11~~
	15	+The current violence against college women literature has expanded knowledge about the prevalence and characteristics of sexual violence occurring on campus. These findings, in turn, have been translated into policies designed to reduce this form of violence and assist victims. Additional work has considered the prevalence and characteristics of dating violence and stalking against college women and also has informed specific programmatic development on campuses. Despite these advances, our review of the literature identifies three important gaps that limit defining violence against college women and arguably inhibit future development in this area. The most critical gap or limitation is the lack of any assessment of the literature to consider the current approaches of how violence is defined and operationalized. This assessment would help identify whether behaviors are missing that should be included as well as promote a current and comprehensive understanding violence against college women. The two other limitations are not as directly related to defining violence but would assist in conducting such a reassessment. The second limitation concerns the need to provide a context for the victimization experiences of college women, especially the importance of comparing these experiences with those of young adult women who are not students. A third, and related, limitation concerns a need to consider how ‘‘college student’’ is defined and measured. The first limitation concerns the failure to explicitly define violence as it is used in the area of violence against college women. As a result, researchers tend to implicitly define violence against college women as synonymous with sexual violence and to a lesser extent dating violence and stalking. No effort has been made to take stock of the scope of this definition and reassess how well the construct has been operationalized. In addition, no explicit discussion has occurred with regard to whether using a criminal justice perspective or a public health perspective would assist in defining violence in this area. As a result, the violence against college women area has evolved to incorporate aspects of both perspectives but also has failed to fully embrace aspects of either. For example, if a criminal justice perspective was accepted, this view would encourage inclusion of other forms of violent crime such as robbery and nonsexual assaults that are currently absent from the literature. Similarly if a public health perspective were utilized, this focus would expand the study to emerging forms of violence that may or may not be criminalized such as so-called revenge porn (or the posting of intimate and explicit photographs online) and other forms of online reputational harm as well as forms of criminal behavior that are committed by intimates such as cyberstalking or identity theft (which can generate significant emotional harm). The lack of a specific discussion and consistent definition is problematic for three reasons. First, the lack of a clearly defined construct that is shared in the field inhibits comparisons across studies and potential gains in knowledge that could be accomplished by pooling findings. Similarly, it can create unnecessary confusion and tension since specific disciplinary perspectives are not explicitly identified.
	16	+The distribution of revenge pornography is constitutionally protected speech
	17	+Goldberg 16 Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
	18	+
	19	+The regulation of revenge porn presents thorny First Amendment issues, even though the speech is considered both highly injurious and of low value.300 Some argue that revenge porn can be regulated as obscenity,301 but, like much pornography, sexually explicit speech that does not rise to the level of obscenity is still protected speech.302 Criminal statutes and torts based on the invasion of privacy and emotional distress caused by revenge porn compromise the freedom to distribute protected speech lawfully obtained. Indeed, the Supreme Court has recognized a right for the media to publish even unlawfully obtained content, so long as the publisher was not involved in the illegal so long as the publisher was not involved in the illegal conduct that produced the content.303 And in United States v. Stevens , the Supreme Court held that individuals cannot be held criminally liable for distributing speech depicting illegal acts, so long as the individuals did not perpetrate the underlying act.304 Revenge porn, as defined here, is both legally obtained and depicts a legal act. In the ultimate articulation of free speech consequentialism, Mary Anne Franks argues for criminalization of revenge porn because "some expressions of free speech are just considered so socially harmful and don't contribute any benefits to society."305 Yet this does not separate revenge porn from any number of categories of protected speech that may cause others emotional distress and are considered by some to pos- sess little value; this is nothing more than a call for judges to make whole- sale and retail judgments about the value and harms that flow from particular forms of speech. If revenge porn can be regulated, legislators should not target the victim's emotional distress or the invasion of pri- vacy, as these focal points threaten to undermine strong free speech pro- tections exceptional to America's free speech regime.
	20	+Revenge porn causes a chilling effect for victims who are afraid to speak out and are silenced. Causes psychological and irreversible violence to victims.
	21	+Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
	22	+Victims struggle especially with anxiety, and some suffer panic attacks. Anorexia nervosa and depression are common ailments for individuals who are harassed online.33 Researchers have found that cyber harassment victims’ anxiety grows more severe over time.34 Victims have difficulty thinking positive thoughts and doing their work. According to a study conducted by the Cyber Civil Rights Initiative, over 80 of revenge porn victims experience severe emotional distress and anxiety.35 Revenge porn is often a form of domestic violence. Frequently, the intimate images are themselves the result of an abuser’s coercion of a reluctant partner.36 In numerous cases, abusers have threatened to disclose intimate images of their partners when victims attempt to leave the relationship.37 Abusers use the threat of disclosure to keep their partners under their control, making good on the threat once their partners find the courage to leave. The professional costs of revenge porn are steep. Because Internet searches of victims’ names prominently display their naked images or videos, many lose their jobs. Schools have terminated teachers whose naked pictures appeared online. A government agency ended a woman’s employment after a coworker circulated her nude photograph to colleagues.38 Victims may be unable to find work at all. Most employers rely on candidates’ online reputations as an employment screen. According to a 2009 study commissioned by Microsoft, nearly 80 percent of employers consult search engines to collect intelligence on job applicants, and, about 70 of the time, they reject applicants due to their findings.39 Common reasons for not interviewing and hiring applicants include concerns about their “lifestyle,” “inappropriate” online comments, and “unsuitable” photographs, videos, and information about them.40 Recruiters do not contact victims to see if they posted the nude photos of themselves or if someone else did in violation of their trust. The “simple but regrettable truth is that after consulting search results, employers don’t call revenge porn victims to schedule” interviews or to extend offers. 41 Employers do not want to hire individuals whose search results might reflect poorly on the employer. 42 To avoid further abuse, targeted individuals withdraw from online activities, which can be costly in many respects. Closing down one’s blog can mean a loss of income and other career opportunities.43 In some fields, blogging is key to getting a job. According to technology blogger Robert Scoble, people who do not blog are “never going to be included in the technology industry.” 44 When victims shut down their profiles on social media platforms like Facebook, LinkedIn, and Twitter, they are saddled with low social media influence scores that can impair their ability to obtain employment.45 Companies like Klout measure people’s online influence by looking at their number of social media followers, updates, likes, retweets, and shares. Not uncommonly, employers refuse to hire individuals with low social media influence scores. 46 Aside from these traditional harms, revenge porn can also amount to a degrading form of sexual harassment. It exposes victims’ sexuality in humiliating ways. Victims’ naked photos appear on slut-shaming47 sites, such as Cheaterville.com and MyEx.com. Once their naked images are exposed, anonymous strangers can send e-mail messages that threaten rape. Some have said: “First I will rape you, then I’ll kill you.” 48 Victims internalize these frightening and demeaning messages.49 Women would more likely suffer harm as a result of the posting of their naked images than their male counterparts.

EntryDate

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	1	+2017-01-14 21:25:40.568

Judge

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	1	+Kathy Bond

Opponent

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	1	+Katy Taylor

ParentRound

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	1	+9

Round

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	1	+2

Team

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	1	+Polytechnic Liu Neg

Title

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	1	+FraternitiesRevenge Porn CP

Tournament

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	1	+harvard westlake