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... ... @@ -1,0 +1,109 @@ 1 +====CP Text: ~~AFF plan~~ except for hate speech. To clarify, hate speech is defined by Byrne 91 as:==== 2 +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). 3 +It is necessary at the outset to choose a working definition of a racial insult 4 +AND 5 +irrational fears and prejudices rather than to respect for others and informed judgment. 6 + 7 + 8 +====The CP is based off Byrne's proposal that solves for vagueness and slippery slope claims.==== 9 +Byrne 2: 10 +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). 11 +A central argument of this article has been that the university can be trusted to 12 +AND 13 +constitutional authority to regulate racial insults should not be troubled independently by vagueness. 14 + 15 + 16 +====Hate speech is constitutionally protected.==== 17 +**Volokh 15** Eugene Volokh, Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy, No, There's No "hate Speech" Exception to the First Amendment, The Washington Post, 5/7/15, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.05cfdd01dea4 18 +I keep hearing about a supposed "hate speech" exception to the First Amendment 19 +AND 20 +with any established definition of "hate speech" that I know of.) 21 + 22 + 23 + 24 +====1. Hate speech imposes major long term psychological impacts on its victims. Delgado 82:==== 25 +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 26 +In addition to the harms of immediate emotional distress and infringement of dignity, racial 27 +AND 28 +," the child will find it difficult not to accept those judgments.76 29 + 30 + 31 +====2. Hate speech leads to a genocidal increase in crimes against marginalized groups. ==== 32 +**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 //LADI 33 +When police arrived at the scene in Boston, they found a Latino man shaking 34 +AND 35 +are working with a broad coalition of partners to get the ball rolling. 36 + 37 + 38 +====3. College Speech codes create an increase of free speech. Garrett 02==== 39 +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 40 +Advocates of hate speech codes contend that the inclusion of racist, sexist, and 41 +AND 42 +shock" of racist speech systematically preempts response. (p. 143) 43 + 44 + 45 +====Current protections against hate speech are working – on campus harrassment is decreasing nationally now. Sutton 16 ==== 46 +**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 47 +A recent report released by the National Center for Education Statistics found an overall decrease 48 +AND 49 +lower than in 2001 for every category except forcible sex offenses and murder. 50 + 51 + 52 +====4. Hate speech chills campus behavior – this turns AC impacts. Tsesis 10==== 53 +(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/.) 54 +Allowing students or faculty members to intimidate others through hate symbols or expressions favors the 55 +AND 56 +meant to defame, intimidate, threaten, terrify, or instigate violence. 57 + 58 + 59 +====5. This perpetuates white supremacy by widening the education gap, and spills over to after college—creating a negative cycle for minorities. Cook 15:==== 60 +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 61 +Of individuals aged 16 to 24 completing high school or earning GED certificates in the 62 +AND 63 +2013, 19 percent of blacks did, according to the Census Bureau. 64 + 65 + 66 +====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 67 +**(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.)====** 68 +Undoubtedly, there are challenges that will arise when trying to create a campus climate that supports diversity and freedom of speech, 69 +AND 70 +have played an immense role in these changes, and have the responsibility to continue to do so. 71 + 72 + 73 +====The aff's trivialization of hate speech undermines our project against systemic racism and oppression as a whole. EVEN if you grant them their silencing impacts – that silencing is KEY to create a cultural shift. ==== 74 +**Watterson 91** (Kim M. Watterson, 'THE POWER OF WORDS: THE POWER OF ADVOCACY CHALLENGING THE POWER OF HATE SPEECH', 1991 by the University of Pittsburgh Law Review; Kim M. Watterson, 52 U. Pitt. L. Rev. 955 University of Pittsburgh Law Review Summer, 1991, JL) 75 +Second, hate speech policies manifest our commitment to the elimination of invidious distinctions— 76 +AND 77 +racism will be continued and our commitment to equal rights will be strengthened. 78 + 79 + 80 +====Their notion of the first amendment is colorblind and obscures anti-black violence. Boler 04 ==== 81 +**Boler, Megan ~~Megan Boler is a Full Professor in the Department of Social Justice Education, at the Ontario Institute of Studies in Education (OISE) at the University of Toronto.~~. "All Speech Is Not Free: The Ethics of" Affirmative Action Pedagogy"." Counterpoints 240 (2004): 3-13.** 82 +On what basis might one justify an affirmative action pedagogy? The first justifica- 83 +AND 84 +alternative creates the platform necessary to define freedom and equality substantively not formally. 85 + 86 + 87 +====Delgado and Stefancic '92==== 88 +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 89 +III. How THE SYSTEM OF FREE EXPRESSION SOMETIMES MAKES MATTERS WORSE Speech and free 90 +AND 91 +this system of oppression is appealing, lofty, romantic-and wrong. 92 + 93 + 94 +====Hate speech is performative and causes power imbalances. YOU CANT JUST SAY COUNTER SPEAK. Delgado 16 **(Delgado, Richard. "Apologize And Move On? Finding A Remedy For Pornography, Insult, And Hate Speech." 67 UNIVERSITY OF COLORADO LAW REVIEW 93. 1996. Web. December 04, 2016. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2411632.)====** 95 +Rather, the racial insult is more like a performative. An instrument of oppression, it relocates the speaker and listener on a continuum of power and social authority.62 According to many feminists, pornography does the same with women-it sexualizes violence and reinforces patriarchal attitudes and behaviors, such as leering, pressured sex, and objectification. 3 Demeaning remarks, then, are not primarily informational, but instrumental means of keeping others down. They are power moves, concerted and orchestrated by the speaker and others like him or her in a semiconscious design, drawing on a history of similar remarks and treatment.64 Their purpose is to remind the victim what his or her position is in relation to the speaker and, by speaking this reminder, to make it so. Abel urges minority victims of hate speech to talk back (pp. 135, 143). But how can one talk back to a power move? Would one say, "Excuse me, sir. I, an African American, have an equal right, under prevailing standards of morality and constitutional law, to attend this university?" The speaker already knows this. Or would the response be, "Sir, did you realize that I, an African American citizen, find your use of the term 'Nigger' offensive?" Again, the speaker already knows this. Calling the speaker a bigot or ignoramus is an invitation to a fight and scarcely cures the harm inflicted by the first message.6" 96 + 97 + 98 +====Talking back fails and is an unnecessary burden to place on the oppressed.==== 99 +**Delgado 16** (Delgado, Richard. "Pressure Valves And Bloodied Chickens: An Analysis Of Paternalistic Objections To Hate Speech Regula." 82 Cal. L. Rev. December 09, 1994. Web. December 03, 2016. h p://scholarship.law.berkeley.edu/californialawreview/vol82/iss4/5.) 100 +In reality, those who hurl racial epithets do so because they feel empowered to 101 +AND 102 +already charged with their own education, be responsible constantly for educating others? 103 + 104 + 105 +====Turn—campus hearings are a better place to debate. Delgado and Yun 94==== 106 +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. 107 +A further neoconservative objection is that silencing the racist through legislation might deprive the campus 108 +AND 109 +allowing racial confrontation to flourish, the argument appears to deserve little weight. - EntryDate
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