Changes for page San Marino Chen Neg

Last modified by Administrator on 2017/08/29 03:40

From version < 19.1 >
edited by Ian Chen
on 2017/02/11 03:18
To version < 2.1 >
edited by Ian Chen
on 2017/01/14 23:46
< >
Change comment: There is no comment for this version

Summary

Details

Caselist.CitesClass[0]
Cites
... ... @@ -1,8 +1,0 @@
1 -Hate Speech PIC
2 -Counterplan text: aff actors ought to expand the fighting words doctrine to include racist speech.
3 -Susan M. Finegan Boston College Third World Law Journal Volume 11 | Issue 1 Article 5 1-1-1991 Anti-Harrassment Disciplinary Policies: A Violation of First Amendment Rights on the Public University Campus? ED
4 -Other commentators have also tried to reconcile these two commitments, free speech and equality, with respect to racist speech. 197 As Professor Charles Lawrence argued, "to engage in a debate about the first amendment and racist speech without a full understanding of the nature and extent of the harm of racist speech risks making the first amendment an instrument of domination rather than a vehicle of liberation."198 He speaks poignantly about the difference between offensive, impolite language as found in Cohen and the harms caused by racist slurs: psychic injury, shame, vulnerability, and fear. 199 He would solve this balancing test by expanding the "fighting words" exception to include racist speech.20o He differentiates the traditional "fighting words" doctrine requirement of an uncontrollable violent reaction, with the typical response by the victim of a racial epithet, flight or silence. 201 He argues that this response is just as severe as a violent reaction.202 Victims are left speechless, powerless, and fearful of physical abuse.203 Anti-Semitic, racist, or sexist verbal abuse causes actual physical symptoms, temporarily disabling and muting the victim.204 Regulations that curtail such speech are therefore "clearly within the spirit, if not the letter, of existing first amendment doctrine."205
5 -Independently turns case because hate speech silences victims leaving them effectively speechless.
6 -Campus regulations of hate speech cause spillover that reduce racism.
7 -Richard Delgado, Campus Antiracism Rules: Constitutional Narratives in Collision, 85 NW.U.L. Rev. 343, 371-75 (1991), https://papers.ssrn.com/sol3/papers.cfm? abstract_id=2104287 Charles Inglis Thomson Professor of Law, University of Colorado School of Law. J.D. 1974, U-C Berkeley School of Law (Boalt Hall).
8 -Unlike with racism's etiology, there is relative agreement on the part of social scientists on how to control its expression. Much prejudice is situational-individuals express it because the environment encourages or tolerates it.264 The attitude may be relatively constant, but most of us express it selectively-at times we hold it in check, at other times we feel freer to express it in action. 265 The main inhibiter of prejudice is the certainty that it will be remarked and punished. This "confrontation theory" 266 for controlling racism holds that most individuals are ambivalent in matters of race. We realize that the national values-those enshrined in the "American Creed"-call for fair and respectful treatment of all. But the fair-mindedness of our public norms is not always matched by our private behavior. 267 During moments of intimacy we feel much freer to tell or laugh at an ethnic joke, to make a racist or sexist remark. 268 Rules, formalities, and other environmental reminders put us on notice that the occasion requires the higher formal values of our culture. The existence of rules forbidding certain types of racist acts causes us not to be inclined to carry them out. Moreover, threat of public notice and disapproval operates as a reinforcer-the potential racist refrains from acting, out of fear of notice and sanction. The confrontation theory is probably today the majority view among social scientists on how to control racism. Most who subscribe to this approach hold that laws and rules play a vital role in controlling racism. According to Allport, they "create a public conscience and a standard for expected behavior that check overt signs of prejudice. ' 269 Nor is the change merely cosmetic. In time, rules are internalized, and the impulse to engage in racist behavior weakens. 270 The current understanding of racial prejudice thus lends some support to campus antiracism rules. The mere existence of such rules will often cause members of the campus community to behave in a more egalitarian way, particularly when others may be watching. Even in private settings, some people will refrain from acting because the law has set an example. Those whose prejudice is associated with authoritarianism will do so because the rules represent society's legitimate voice. Further, social science casts doubt on both the "hydraulic" theory of racism, according to which controlling racism in one arena will simply cause it to crop up somewhere else,271 and the theory that racist remarks are relatively harmless. A large body of literature shows that incessant racial categorization and treatment seriously impair the prospects and development of persons of minority race,272 deepen rigidity and set the stage for even more serious transgressions on the part of persons so disposed. 273
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-11 03:18:42.0
Judge
... ... @@ -1,1 +1,0 @@
1 -X
Opponent
... ... @@ -1,1 +1,0 @@
1 -X
ParentRound
... ... @@ -1,1 +1,0 @@
1 -2
Round
... ... @@ -1,1 +1,0 @@
1 -9
Team
... ... @@ -1,1 +1,0 @@
1 -San Marino Chen Neg
Title
... ... @@ -1,1 +1,0 @@
1 -Hate speech da
Tournament
... ... @@ -1,1 +1,0 @@
1 -Harvard Westlake
Caselist.CitesClass[1]
Cites
... ... @@ -1,10 +1,0 @@
1 -CP: Public colleges and Universities should allow all free speech except for revenge porn for which they ought to expand the definition of sexual harassment to include.
2 -~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~~
3 -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.
4 -The distribution of revenge pornography is constitutionally protected speech
5 -Goldberg 16 Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
6 -
7 -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.
8 -Revenge porn causes a chilling effect for victims who are afraid to speak out and are silenced. Causes psychological and irreversible violence to victims.
9 -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
10 -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
... ... @@ -1,1 +1,0 @@
1 -2017-02-11 03:18:42.528
Judge
... ... @@ -1,1 +1,0 @@
1 -X
Opponent
... ... @@ -1,1 +1,0 @@
1 -X
ParentRound
... ... @@ -1,1 +1,0 @@
1 -2
Round
... ... @@ -1,1 +1,0 @@
1 -9
Team
... ... @@ -1,1 +1,0 @@
1 -San Marino Chen Neg
Title
... ... @@ -1,1 +1,0 @@
1 -revenge porn pic
Tournament
... ... @@ -1,1 +1,0 @@
1 -Harvard Westlake
Caselist.RoundClass[0]
Cites
... ... @@ -1,1 +1,0 @@
1 -0
EntryDate
... ... @@ -1,1 +1,1 @@
1 -2017-01-14 23:46:58.0
1 +2017-01-14 23:46:58.96
Caselist.RoundClass[1]
Cites
... ... @@ -1,1 +1,0 @@
1 -1
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-01-14 23:50:07.0
Opponent
... ... @@ -1,1 +1,0 @@
1 -idk
Round
... ... @@ -1,1 +1,0 @@
1 -2
Tournament
... ... @@ -1,1 +1,0 @@
1 -hw
Caselist.RoundClass[2]
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2017-02-11 03:18:39.0
Judge
... ... @@ -1,1 +1,0 @@
1 -X
Opponent
... ... @@ -1,1 +1,0 @@
1 -X
Round
... ... @@ -1,1 +1,0 @@
1 -9
Tournament
... ... @@ -1,1 +1,0 @@
1 -Harvard Westlake

Schools

Aberdeen Central (SD)
Acton-Boxborough (MA)
Albany (CA)
Albuquerque Academy (NM)
Alief Taylor (TX)
American Heritage Boca Delray (FL)
American Heritage Plantation (FL)
Anderson (TX)
Annie Wright (WA)
Apple Valley (MN)
Appleton East (WI)
Arbor View (NV)
Arcadia (CA)
Archbishop Mitty (CA)
Ardrey Kell (NC)
Ashland (OR)
Athens (TX)
Bainbridge (WA)
Bakersfield (CA)
Barbers Hill (TX)
Barrington (IL)
BASIS Mesa (AZ)
BASIS Scottsdale (AZ)
BASIS Silicon (CA)
Beckman (CA)
Bellarmine (CA)
Benjamin Franklin (LA)
Benjamin N Cardozo (NY)
Bentonville (AR)
Bergen County (NJ)
Bettendorf (IA)
Bingham (UT)
Blue Valley Southwest (KS)
Brentwood (CA)
Brentwood Middle (CA)
Bridgewater-Raritan (NJ)
Bronx Science (NY)
Brophy College Prep (AZ)
Brown (KY)
Byram Hills (NY)
Byron Nelson (TX)
Cabot (AR)
Calhoun Homeschool (TX)
Cambridge Rindge (MA)
Canyon Crest (CA)
Canyon Springs (NV)
Cape Fear Academy (NC)
Carmel Valley Independent (CA)
Carpe Diem (NJ)
Cedar Park (TX)
Cedar Ridge (TX)
Centennial (ID)
Centennial (TX)
Center For Talented Youth (MD)
Cerritos (CA)
Chaminade (CA)
Chandler (AZ)
Chandler Prep (AZ)
Chaparral (AZ)
Charles E Smith (MD)
Cherokee (OK)
Christ Episcopal (LA)
Christopher Columbus (FL)
Cinco Ranch (TX)
Citrus Valley (CA)
Claremont (CA)
Clark (NV)
Clark (TX)
Clear Brook (TX)
Clements (TX)
Clovis North (CA)
College Prep (CA)
Collegiate (NY)
Colleyville Heritage (TX)
Concord Carlisle (MA)
Concordia Lutheran (TX)
Connally (TX)
Coral Glades (FL)
Coral Science (NV)
Coral Springs (FL)
Coppell (TX)
Copper Hills (UT)
Corona Del Sol (AZ)
Crandall (TX)
Crossroads (CA)
Cupertino (CA)
Cy-Fair (TX)
Cypress Bay (FL)
Cypress Falls (TX)
Cypress Lakes (TX)
Cypress Ridge (TX)
Cypress Springs (TX)
Cypress Woods (TX)
Dallastown (PA)
Davis (CA)
Delbarton (NJ)
Derby (KS)
Des Moines Roosevelt (IA)
Desert Vista (AZ)
Diamond Bar (CA)
Dobson (AZ)
Dougherty Valley (CA)
Dowling Catholic (IA)
Dripping Springs (TX)
Dulles (TX)
duPont Manual (KY)
Dwyer (FL)
Eagle (ID)
Eastside Catholic (WA)
Edgemont (NY)
Edina (MN)
Edmond North (OK)
Edmond Santa Fe (OK)
El Cerrito (CA)
Elkins (TX)
Enloe (NC)
Episcopal (TX)
Evanston (IL)
Evergreen Valley (CA)
Ferris (TX)
Flintridge Sacred Heart (CA)
Flower Mound (TX)
Fordham Prep (NY)
Fort Lauderdale (FL)
Fort Walton Beach (FL)
Freehold Township (NJ)
Fremont (NE)
Frontier (MO)
Gabrielino (CA)
Garland (TX)
George Ranch (TX)
Georgetown Day (DC)
Gig Harbor (WA)
Gilmour (OH)
Glenbrook South (IL)
Gonzaga Prep (WA)
Grand Junction (CO)
Grapevine (TX)
Green Valley (NV)
Greenhill (TX)
Guyer (TX)
Hamilton (AZ)
Hamilton (MT)
Harker (CA)
Harmony (TX)
Harrison (NY)
Harvard Westlake (CA)
Hawken (OH)
Head Royce (CA)
Hebron (TX)
Heights (MD)
Hendrick Hudson (NY)
Henry Grady (GA)
Highland (UT)
Highland (ID)
Hockaday (TX)
Holy Cross (LA)
Homewood Flossmoor (IL)
Hopkins (MN)
Houston Homeschool (TX)
Hunter College (NY)
Hutchinson (KS)
Immaculate Heart (CA)
Independent (All)
Interlake (WA)
Isidore Newman (LA)
Jack C Hays (TX)
James Bowie (TX)
Jefferson City (MO)
Jersey Village (TX)
John Marshall (CA)
Juan Diego (UT)
Jupiter (FL)
Kapaun Mount Carmel (KS)
Kamiak (WA)
Katy Taylor (TX)
Keller (TX)
Kempner (TX)
Kent Denver (CO)
King (FL)
Kingwood (TX)
Kinkaid (TX)
Klein (TX)
Klein Oak (TX)
Kudos College (CA)
La Canada (CA)
La Costa Canyon (CA)
La Jolla (CA)
La Reina (CA)
Lafayette (MO)
Lake Highland (FL)
Lake Travis (TX)
Lakeville North (MN)
Lakeville South (MN)
Lamar (TX)
LAMP (AL)
Law Magnet (TX)
Langham Creek (TX)
Lansing (KS)
LaSalle College (PA)
Lawrence Free State (KS)
Layton (UT)
Leland (CA)
Leucadia Independent (CA)
Lexington (MA)
Liberty Christian (TX)
Lincoln (OR)
Lincoln (NE)
Lincoln East (NE)
Lindale (TX)
Livingston (NJ)
Logan (UT)
Lone Peak (UT)
Los Altos (CA)
Los Osos (CA)
Lovejoy (TX)
Loyola (CA)
Loyola Blakefield (MA)
Lynbrook (CA)
Maeser Prep (UT)
Mannford (OK)
Marcus (TX)
Marlborough (CA)
McClintock (AZ)
McDowell (PA)
McNeil (TX)
Meadows (NV)
Memorial (TX)
Millard North (NE)
Millard South (NE)
Millard West (NE)
Millburn (NJ)
Milpitas (CA)
Miramonte (CA)
Mission San Jose (CA)
Monsignor Kelly (TX)
Monta Vista (CA)
Montclair Kimberley (NJ)
Montgomery (TX)
Monticello (NY)
Montville Township (NJ)
Morris Hills (NJ)
Mountain Brook (AL)
Mountain Pointe (AZ)
Mountain View (CA)
Mountain View (AZ)
Murphy Middle (TX)
NCSSM (NC)
New Orleans Jesuit (LA)
New Trier (IL)
Newark Science (NJ)
Newburgh Free Academy (NY)
Newport (WA)
North Allegheny (PA)
North Crowley (TX)
North Hollywood (CA)
Northland Christian (TX)
Northwood (CA)
Notre Dame (CA)
Nueva (CA)
Oak Hall (FL)
Oakwood (CA)
Okoboji (IA)
Oxbridge (FL)
Oxford (CA)
Pacific Ridge (CA)
Palm Beach Gardens (FL)
Palo Alto Independent (CA)
Palos Verdes Peninsula (CA)
Park Crossing (AL)
Peak to Peak (CO)
Pembroke Pines (FL)
Pennsbury (PA)
Phillips Academy Andover (MA)
Phoenix Country Day (AZ)
Pine Crest (FL)
Pingry (NJ)
Pittsburgh Central Catholic (PA)
Plano East (TX)
Polytechnic (CA)
Presentation (CA)
Princeton (NJ)
Prosper (TX)
Quarry Lane (CA)
Raisbeck-Aviation (WA)
Rancho Bernardo (CA)
Randolph (NJ)
Reagan (TX)
Richardson (TX)
Ridge (NJ)
Ridge Point (TX)
Riverside (SC)
Robert Vela (TX)
Rosemount (MN)
Roseville (MN)
Round Rock (TX)
Rowland Hall (UT)
Royse City (TX)
Ruston (LA)
Sacred Heart (MA)
Sacred Heart (MS)
Sage Hill (CA)
Sage Ridge (NV)
Salado (TX)
Salpointe Catholic (AZ)
Sammamish (WA)
San Dieguito (CA)
San Marino (CA)
SandHoke (NC)
Santa Monica (CA)
Sarasota (FL)
Saratoga (CA)
Scarsdale (NY)
Servite (CA)
Seven Lakes (TX)
Shawnee Mission East (KS)
Shawnee Mission Northwest (KS)
Shawnee Mission South (KS)
Shawnee Mission West (KS)
Sky View (UT)
Skyline (UT)
Smithson Valley (TX)
Southlake Carroll (TX)
Sprague (OR)
St Agnes (TX)
St Andrews (MS)
St Francis (CA)
St James (AL)
St Johns (TX)
St Louis Park (MN)
St Margarets (CA)
St Marys Hall (TX)
St Thomas (MN)
St Thomas (TX)
Stephen F Austin (TX)
Stoneman Douglas (FL)
Stony Point (TX)
Strake Jesuit (TX)
Stratford (TX)
Stratford Independent (CA)
Stuyvesant (NY)
Success Academy (NY)
Sunnyslope (AZ)
Sunset (OR)
Syosset (NY)
Tahoma (WA)
Talley (AZ)
Texas Academy of Math and Science (TX)
Thomas Jefferson (VA)
Thompkins (TX)
Timber Creek (FL)
Timothy Christian (NJ)
Tom C Clark (TX)
Tompkins (TX)
Torrey Pines (CA)
Travis (TX)
Trinity (KY)
Trinity Prep (FL)
Trinity Valley (TX)
Truman (PA)
Turlock (CA)
Union (OK)
Unionville (PA)
University High (CA)
University School (OH)
University (FL)
Upper Arlington (OH)
Upper Dublin (PA)
Valley (IA)
Valor Christian (CO)
Vashon (WA)
Ventura (CA)
Veritas Prep (AZ)
Vestavia Hills (AL)
Vincentian (PA)
Walla Walla (WA)
Walt Whitman (MD)
Warren (TX)
Wenatchee (WA)
West (UT)
West Ranch (CA)
Westford (MA)
Westlake (TX)
Westview (OR)
Westwood (TX)
Whitefish Bay (WI)
Whitney (CA)
Wilson (DC)
Winston Churchill (TX)
Winter Springs (FL)
Woodlands (TX)
Woodlands College Park (TX)
Wren (SC)
Yucca Valley (CA)