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+====CP Text: ~~AFF plan~~ except for hate speech. To clarify, hate speech is defined by Byrne 91 as:==== |
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+Byrne 91, J. Peter Byrne (Associate Professor, Georgetown University Law Center), Racial Insults and Free Speech Within the University, 79 Geo. L.J. 399 (1991). |
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+It is necessary at the outset to choose a working definition of a racial insult |
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+AND |
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+irrational fears and prejudices rather than to respect for others and informed judgment. |
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+ |
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+ |
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+====The CP is based off Byrne's proposal that solves for vagueness and slippery slope claims.==== |
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+Byrne 2: |
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+Byrne 91, J. Peter Byrne (Associate Professor, Georgetown University Law Center), Racial Insults and Free Speech Within the University, 79 Geo. L.J. 399 (1991). |
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+A central argument of this article has been that the university can be trusted to |
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+AND |
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+constitutional authority to regulate racial insults should not be troubled independently by vagueness. |
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+ |
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+ |
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+====5 net benefits:==== |
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+ |
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+ |
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+====1. Hate speech imposes major long term psychological impacts on its victims. Delgado 82:==== |
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+Delgado 82, Delgado, Richard (University of Alabama School of Law), "Words that Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling". Harvard Civil Rights-Civil Liberties Law Review, Vol. 17, p. 133, 1982; Seattle University School of Law Research Paper. https://ssrn.com/abstract=2000918 |
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+In addition to the harms of immediate emotional distress and infringement of dignity, racial |
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+AND |
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+," the child will find it difficult not to accept those judgments.76 |
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+ |
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+ |
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+====2. Hate speech leads to a genocidal increase in crimes against marginalized groups.==== |
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+**Greenblatt 15** Jonathan Greenblatt, When Hateful Speech Leads to Hate Crimes: Taking Bigotry Out of the Immigration Debate, Huffington Post, 8/21/15, http://www.huffingtonpost.com/jonathan-greenblatt/when-hateful-speech-leads_b_8022966.html |
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+When police arrived at the scene in Boston, they found a Latino man shaking |
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+AND |
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+are working with a broad coalition of partners to get the ball rolling. |
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+ |
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+ |
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+====3. College Speech codes create an increase of free speech. Garrett 02==== |
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+Garrett 02 Deanna M. Garrett Deanna M. Garrett graduated from the University of Virginia in 1997 with a bachelor's degree in Religious Studies and a minor in Biology. She is a second-year HESA student and a Graduate Assistant in the Department of Residential Life. "Silenced Voices: Hate Speech Codes on Campus" University of Vermont July 29, 2002 http://www.uvm.edu/~~~~vtconn/?Page=v20/garrett.html |
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+Advocates of hate speech codes contend that the inclusion of racist, sexist, and |
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+AND |
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+shock" of racist speech systematically preempts response. (p. 143) |
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+ |
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+ |
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+====Current protections against hate speech are working – on campus harrassment is decreasing nationally now. Sutton 16 ==== |
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+**Sutton 16** Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16,http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/full |
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+A recent report released by the National Center for Education Statistics found an overall decrease |
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+AND |
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+lower than in 2001 for every category except forcible sex offenses and murder. |
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+ |
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+ |
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+====4. Hate speech chills campus behavior – this turns AC impacts. Tsesis 10==== |
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+(Tsesis, Alexander. "Burning Crosses On Campus: University Hate Speech Codes." Connecticut Law Review 617. 2010. Web. December 05, 2016. http://lawecommons.luc.edu/facpubs/131/.) |
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+Allowing students or faculty members to intimidate others through hate symbols or expressions favors the |
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+AND |
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+meant to defame, intimidate, threaten, terrify, or instigate violence. |
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+ |
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+ |
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+====5. This perpetuates white supremacy by widening the education gap, and spills over to after college—creating a negative cycle for minorities. Cook 15:==== |
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+Linsey Cook, Data Editor, "U.S. Education: Still Separate and Unequal," US News, http://www.usnews.com/news/blogs/data-mine/2015/01/28/us-education-still-separate-and-unequal, January 28, 2015 |
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+Of individuals aged 16 to 24 completing high school or earning GED certificates in the |
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+AND |
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+2013, 19 percent of blacks did, according to the Census Bureau. |
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+ |
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+ |
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+====DA:==== |
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+ |
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+ |
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+====Trump's presidency normalizes hate speech culture that causes psychological harm and incites violence. By not restricting free speech the aff allows bigots to roam free. Ballentine 16:==== |
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+Claire Ballentine, editor-in-chief of the Chronicle, 11-16-2016, "Hate speech overheard on campus following Trump's presidential win ," Chronicle, http://www.dukechronicle.com/article/2016/11/hate-speech-incidents-reported-on-campus-following-trumps-presidential-win |
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+After Donald Trump's presidential election victory last Tuesday, several students have reported either experiencing |
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+AND |
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+a white male) hated black people," she wrote in an email. |
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+ |
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+ |
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+====Hate speech inspired by Trump has led to acts of violence across the nation. Guarnieri 16:==== |
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+Grace Guarnieri, reporter for the Salon, 11-10-2016, "In Donald Trump's America, fear, violence and intimidation are taking over college campuses," Salon, http://www.salon.com/2016/11/16/in-donald-trumps-america-fear-violence-and-intimidation-are-taking-over-college-campuses/ |
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+More than a week after the 2016 presidential election, the media is beginning to |
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+AND |
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+, according to the student newspaper The Daily Pennsylvanian. |
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+On Case: |
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+ |
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+ |
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+====Speech codes would not create a victim mentality. Delgado et al 94:==== |
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+Richard Delgado ~~Charles Inglis Thomson Professor of Law, University of Colorado~~ and David Yun ~~JD, University of Colorado~~, "The Neo-conservative Case Against Hate-Speech Regulation- Lively, D'souza, Gates, Carter, and the Toughlove Crowd,"1994. |
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+Would putting into place hate-speech rules induce passivity and a victim mentality among |
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+AND |
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+complaint causes otherwise innocuous behavior to acquire the capacity to harm the complainant. |
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+ |
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+ |
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+====Turn—campus hearings are a better place to debate. Delgado and Yun 94==== |
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+Richard Delgado ~~Charles Inglis Thomson Professor of Law, University of Colorado~~ and David Yun ~~JD, University of Colorado~~, "The Neo-conservative Case Against Hate-Speech Regulation- Lively, D'souza, Gates, Carter, and the Toughlove Crowd,"1994. |
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+A further neoconservative objection is that silencing the racist through legislation might deprive the campus |
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+AND |
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+allowing racial confrontation to flourish, the argument appears to deserve little weight. |
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+ |
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+ |
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+====It's try or die for speech restrictions – leaving racism unaddressed will only make things worse, a proactive approach is key to solve. Garcia 10 ==== |
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+(Garcia, Edelmira. "Perpetuating Racism Through The Freedom Of Speech." Center on Democracy in a Multiracial Society. Ch. 5. Pg. 79. 2010. Web. December 08, 2016. http://www.academia.edu/958890/Strategies_for_Achieving_Diversity_in_Urban_Planni ng_A_Case_Study_at_the_University_of_Illinois.) |
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+Undoubtedly, there are challenges that will arise when trying to create a campus climate |
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+AND |
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+in these changes, and have the responsibility to continue to do so. |
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+ |
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+ |
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+====Speech codes would deter behavior. Delgado and Yun 94==== |
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+Richard Delgado ~~Charles Inglis Thomson Professor of Law, University of Colorado~~ and David Yun ~~JD, University of Colorado~~, "The Neo-conservative Case Against Hate-Speech Regulation- Lively, D'souza, Gates, Carter, and the Toughlove Crowd,"1994. |
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+How should we see the bellwether argument? In one respect, the argument does |
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+AND |
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+-but this is a different argument from the bellwether one.6 2 |