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Summary

Details

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1 -==Framework==
2 -====I affirm Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.====
3 -====The value is morality because ought means a moral obligation.====
4 -====The resolution is a question of academic freedom. The present convolution around liberty has always been ambiguous and constantly challenged. In order to solve the moral problems in universities, we need to maximize academic freedom, thus the criterion is maximizing academic freedom.====
5 -**Demaske 2k16** ~~~~~~Demaske, Chris (2016). "Not Just A Nice Job Perk": Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53.~~~~~~
6 -Much as journalists frequently assert that they have a "right to know," scholars
1 +=1AC=
2 +
3 +
4 +===Framing===
5 +
6 +
7 +====The alt-right is back and stronger than ever—students are already engaging in hate speech and harmful dialogue and are being recruited now on college campuses for white nationalist movements. ====
8 +**Harkinson 16**, Josh. "The Push to Enlist "Alt-Right" Recruits on College Campuses." Mother Jones. N.p., 6 Dec. 2016. Web. 06 Jan. 2017. http://www.motherjones.com/politics/2016/12/richard-spencer-alt-right-college-activism. SM
9 +How much support is there for the loose-knit coalition of white nationalists and
7 7  AND
8 -to argue for a more complex and constitutionally grounded conception of academic freedom.
9 -====Free speech is a pre-requisite to any morality- without it self-realization is impossible. ====
10 -**Eberle 94** Eberle, Law @ Roger Williams, 94 (Wake Forest LR, Winter)
11 -The Court's decision in R.A.V. reaffirms the preeminence of free
11 +value of this university, no matter how odious the views may be."
12 +
13 +
14 +====Education on resisting oppression is key to raising a class of radical students willing to alter the material conditions of oppression through democratic policy actions ====
15 +**Giroux 15** (Henry, American scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy, "Higher Education and the Promise of Insurgent Public Memory," March 3, 2015, http://truth-out.org/news/item/29396-higher-education-and-the-promise-of-insurgent-public-memory)
16 +The current call to cleanse history in the name of a false patriotism that celebrates
12 12  AND
13 -Accordingly, any suspicion or evidence of governmental censorship must be vigilantly investigated.
14 -==Observation 1==
15 -====Hate speech is not constitutionally protected: there are exceptions to the first amendment for harmful types of speech, I don't defend the non-restriction or protection of harmful speech====
16 -**Usccourts.gov** ~~~~~~United States Courts, xx-xx-xxxx, "What Does Free Speech Mean?," http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does~~~~~~
17 -Freedom of speech does not include the right: To incite actions that would harm
18 +as a university president at Harvard or any other institution of higher learning.
19 +
20 +
21 +====Only through a racial realism approach and policy action can real world change that has the end result of empowering the oppressed occur ====
22 +Bell 92 (Derrick Bell, 1992, Conneticut Law Review, http://liberalarts.iupui.edu/mpsg/Essays/Bell20-20Racial20Realism.pdf,) AP
23 +
24 +
25 +====While implementing Racial Realism we must simultaneously ac- knowledge that our actions are not likely to lead to transcendent change and, despite our best efforts, may be of more help to the system we despise than to the victims of that system we are trying to help. Nevertheless, our realization, and the dedication based on that realiza- tion, can lead to policy positions and campaigns that are less likely to worsen conditions for those we are trying to help, and will be more likely to remind those in power that there are imaginative, unabashed risk-takers who refuse to be trammeled upon. Yet confrontation with our oppressors is not our sole reason for engaging in Racial Realism. Continued struggle can bring about unexpected benefits and gains that in themselves justify continued endeavor. The fight in itself has mean- ing and should give us hope for the future. I am convinced that there is something real out there in America for black people. It is not, however, the romantic love of integration. It is surely not the long-sought goal of equality under law, though we must maintain the struggle against racism else the erosion of black rights will become even worse than it is now. The Racial Realism that we must seek is simply a hard-eyed view of racism as it is and our subordinate role in it. We must realize, as our slave forebears, that the struggle for freedom is, at bottom, a manifestation of our humanity that survives and grows stronger through resistance to oppression, even if that oppression is never overcome. I am convinced that there is something real out there in America for black people. It is not, however, the romantic love of integration. It is surely not the long-sought goal of equality under law, though we must maintain the struggle against racism else the erosion of black rights will become even worse than it is now. The Racial Realism that we must seek is simply a hard-eyed view of racism as it is and our subordinate role in it. We must realize, as our slave forebears, that the struggle for freedom is, at bottom, a manifestation of our humanity that survives and grows stronger through resistance to oppression, even if that oppression is never overcome. ====
26 +
27 +
28 +====Thus the role of the ballot is to vote for the debater who best upholds a racial realistic perspective and engages in policy action====
29 +
30 +
31 +====Instead of abstracting and ignoring oppression through ideal theory we should focus on concrete solutions to fight it====
32 +**Curry 14** (Dr. Tommy J. Curry, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014)
33 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
18 18  AND
19 -Morse v. Frederick, __ U.S. __ (2007)
20 -====Thus if the negative says restrictions of hate speech are good, that doesn't mean anything since it is not protected speech and thus out of the purview of speech that the resolution makes me defend. They have to win that restrictions on constitutionally protected speech are good to win.====
21 -==Contention 1 is Academic Freedom==
22 -====Universities can crack down even on students and professors with no explanation – this destroys critical thought and expression.====
23 -Fiorillo 15 (CCP Adjunct Professor, Black Lives Matter Activist Suspended After Speaking at Rally Divya Nair to face a disciplinary hearing this week. A Change.org petition to reinstate her has over 270 signatures. BY VICTOR FIORILLO , OCTOBER 14, 2015, http://www.phillymag.com/news/2015/10/14/professor-suspended-black-lives-matter-divya-nair/)
24 -Last Thursday, at a rally initiated by the Revolutionary Student Coordinating Committee, PHL
35 +used to currently justify the living wages in under our contemporary moral parameters.
36 +
37 +
38 +===Harms===
39 +
40 +
41 +====Free speech is as tight as a pin on college campuses—this limits productive dialogue that can foster new ideas and goes against the true purpose of higher level education====
42 +**Maloney 16**, Cliff, Jr (He is a graduate of the University of Pittsburgh at Johnstown, Class of 2014, with a B.A. in Education and a B.S. in Theatre Arts.) . "Colleges Have No Right to Limit Students' Free Speech." Time. Time, Oct.-Nov. 2016. Web. 04 Jan. 2017. http://time.com/4530197/college-free-speech-zone/.
43 +In grade school, I learned that debate is defined as "a discussion between
25 25  AND
26 -adjunct faculty member, and they think they can get rid of her."
27 -====Public colleges and universities almost always win their cases and thus can get whoever they want punished. Even though by definition of the first amendment, scholars are protected, the court always interprets cases to favor institutions.====
28 -**UIUC Journal of Law 2k16** ~~~~~~University of Illinois at Urbana-Champaign. "First Amendment offers scant protection for professors." ScienceDaily. ScienceDaily, 9 May 2016. www.sciencedaily.com/releases/2016/05/160509191016.htm~~~~~~
29 -A new study by a University of Illinois employment law expert determined that the First
45 +remain protected—not just on college campuses, but everywhere in America.
46 +
47 +
48 +====Speech codes increase racial tensions, cause backlash, and drive racist thought underground to where we can't fight it====
49 +**Herron 93**, Vince. "Increasing the Speech: Diversity, Campus Speech Codes, and the Pursuit of Truth." S. Cal. L. Rev. 67 (1993): 407. SM
50 +Some will argue that speech codes were never intended to solve the underlying problems of
30 30  AND
31 -than what it is — a laboratory of thought, experimentation and speech.".
32 -====Speech restrictions are an oppressive means to control thought production, and although they start with justified limits, admins can bend the rules to use those limits to silence any speech. Allowing for any restrictions leaves this opportunity open and we already know that the admins always win. This destroys student's potential to truly learn or create change. America has no future when colleges suppress thought.====
33 -**Wogulis 9 **~~~~~~Daniel Wogulis December 15, 2009, 12-15-2009, "On the Consequences of Oppressing Free Speech," FIRE, https://www.thefire.org/on-the-consequences-of-oppressing-free-speech/~~~~~~
34 -Since its inception, the United States of America has been the site of vicious
52 +originally led to these injuries and hinders the continued fight against those ideologies.
53 +
54 +
55 +====Speech restrictions are white paternalism under the guise of protecting vulnerable minorities—they discount the effectiveness of marginalized groups historically successful use of free speech====
56 +**O'Neill 15**, Brendan. "Freedom of Speech Is the Best Friend Marginalised Groups Could Ever Have." Freedom of Speech Is the Best Friend Marginalised... N.p., 20 Mar. 2015. Web. 08 Jan. 2017. http://brendanoneill.co.uk/post/114125942824/freedom-of-speech-is-the-best-friend-marginalised. SM
57 +There are many grating things about the army of students who have taken it upon
35 35  AND
36 -to freely express themselves-in all places, and at all times.
37 -====The solution is non-restriction and thus preservation of academic freedom, this is the gateway to philosophical thought and moral education itself. Only a blanket protection solves, individual instances don't get rid of the overarching idea that admins can do what they want.====
38 -**Demaske 2** ~~~~~~Demaske, Chris (2016). "Not Just A Nice Job Perk": Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53.~~~~~~
39 -Given the financial pressures on higher education, and the most recent U.S
59 +student bureaucracy tremble before your free, unfettered, off-message speech.
60 +
61 +
62 +====This has given rise to the alt-right movements it hopes to contain and prevents agonistic deliberation of ideas====
63 +**Carle 16**, Robert. "How The American Academy Helped Create The Alt-Right." The Federalist. N.p., 22 Dec. 2016. Web. 06 Jan. 2017. http://thefederalist.com/2016/12/22/american-academy-helped-create-alt-right/. SM
64 +American academics are rightly alarmed by the ascendance of the alt-right and its
40 40  AND
41 -new category of speech should receive the utmost protection under the First Amendment.
42 -==Contention 2 is Moral Necessity==
43 -====Free speech facilitates the development of moral reasoning- restrictions should be rejected on face====
44 -**Dwyer 01** (Susan, Phil@Maryland, Nordic Journal of Philosophy, Vol. 2, No. 2 ® Philosophia Press 2001)
45 -Direct Nonconsequentialism Let us return to the central topic: free speech. From the
66 +and universities in the United States ought not restrict any constitutionally protected speech.
67 +
68 +
69 +===Solvency===
70 +
71 +
72 +====The aff is uniquely key to raising the next generation of critical intellectuals—non uniques the K====
73 +**Napolitano 16**, Janet (an American politician, lawyer, and university administrator who served as the 21st Governor of Arizona from 2003 to 2009 and United States Secretary of Homeland Security from 2009 to 2013, under President Barack Obama. She has been president of the University of California system since September 2013, shortly after she resigned as Secretary of Homeland Security.) . "It's Time to Free Speech on Campus Again." BostonGlobe.com. N.p., 02 Oct. 2016. Web. 04 Jan. 2017. https://www.bostonglobe.com/opinion/2016/10/01/time-free-speech-campus-again/v5jDCzjuv710Mc92AhaAqL/story.html. SM
74 +The more difficult issues arise when students seek to shout down speakers or attempt to
46 46  AND
47 -free speech in one place, we strengthen (protect) it everywhere.
48 -====Even consequentially, Free speech is a gateway to every other impact. ====
49 -**D'Souza 96** (Frances, Prof. Anthropology Oxford, http://www.europarl.europa.eu/hearings/19960425/droi/freedom_en.htm?textMode=on)
50 -In the absence of freedom of expression which includes a free and independent media,
76 +brought before me. Consider this my own trigger warning. Just sayin'.
77 +
78 +
79 +====Racists exposing themselves spurs counterspeech which creates activism on campus that constructs solutions and exposes the moral bankruptcy of their views ====
80 +**Calleros 95**, Charles R. "Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun." Ariz. St. LJ 27 (1995): 1249. SM
81 +Delgado and Yun characterize these arguments as "paternalistic" and "seriously flawed.
51 51  AND
52 -is needed to re-inforce government policies and intentions at every turn.
53 -==Contention 3 is Failure of Restriction==
54 -====Restrictions of hate speech are part of a demand for progress that does nothing productive and only anger the masses. Universities become echo chambers where only some voices are sheltered. This creates no change and only hides the reality of America while simultaneously only creating backlash from other voices. Trump's election and its aftermath prove how we use restrictions to hide ourselves from the reality of other viewpoints.====
55 -**Kristof 16** ~~~~~~Nicholas Kristof, 12-10-2016, "The Dangers of Echo Chambers on Campus," New York Times, http://www.nytimes.com/2016/12/10/opinion/sunday/the-dangers-of-echo-chambers-on-campus.html?_r=0~~~~~~
56 -After Donald Trump's election, some universities echoed with primal howls. Faculty members canceled
83 +would feel 78 pressures to maintain its status as a minimally integrated institution.
84 +
85 +
86 +===K Underview 1:30===
87 +
88 +
89 +**====Critique is useless without a concrete alternative to solve it====**
90 +**Bryant '12** (Levi Bryant is currently a Professor of Philosophy at Collin College. In addition to working as a professor, Bryant has also served as a Lacanian psychoanalyst. He received his Ph.D. from Loyola University in Chicago, Illinois, where he originally studied 'disclosedness' with the Heidegger scholar Thomas Sheehan. Bryant later changed his dissertation topic to the transcendental empiricism of Gilles Deleuze, "Critique of the Academic Left", http://larvalsubjects.wordpress.com/2012/11/11/underpants-gnomes-a-critique-of-the-academic-left/) SM
91 +Unfortunately, the academic left falls prey to its own form of abstraction. It's
57 57  AND
58 -correcting that is for us liberals to embrace the diversity we supposedly champion.
59 -====Allowing for freedom of discussion solves better for issues of hate speech. ====
60 -ACLU 16 ~~~~~~American Civil Liberties Union, Hate Speech On Campus, https://www.aclu.org/other/hate-speech-campus~~~~~~
61 -Where racist, sexist and homophobic speech is concerned, the ACLU believes that more
93 +. Instead we prefer to shout and denounce. Good luck with that.
94 +
95 +
96 +====We're state as a heuristic not state good-that distinction matters and allows us to work within the state while learning how to critique it. The latter approach teaches approaches that fail and prop up liberalism ====
97 +Zanotti '14 Dr. Laura Zanotti is an Associate Professor of Political Science at Virginia Tech. Her research and teaching include critical political theory as well as international organizations, UN peacekeeping, democratization and the role of NGOs in post-conflict governance."Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World" – Alternatives: Global, Local, Political – vol 38(4):p. 288-304,. A little unclear if this is late 2013 or early 2014 – The Stated "Version of Record" is Feb 20, 2014, but was originally published online on December 30th, 2013. Obtained via Sage Database. SM
98 +While there are important variations in the way international relations scholars use governmentality theory,
62 62  AND
63 -, possibly change them, and forge solidarity against the forces of intolerance.
64 -====Hate speech does not correlate to violence and hate speech restrictions actually increase hate. Telling racists to stop talking only pushes the problem out of our sight while making racists more angry.====
65 -**Heinze 14 **Eric Heinze, Nineteen arguments for hate speech bans – and against them, Free Speech Debate, 3/31/14, http://freespeechdebate.com/en/discuss/nineteen-arguments-for-hate-speech-bans-and-against-them
66 -Here too, within the LSPD model, no statistically reliable causation from patterns of
67 -AND
68 -as hate groups routinely tailor their responses to the existing bans and penalties.
69 -====Even if they win that restrictions are good, again that's not a reason to negate. Hate speech is not constitutionally protected since it threatens freedom and safety. Furthermore, the state shouldn't restrict speech, but rather fight back with arguments. This can actually create change whereas restricting free speech can undercut freedom itself and lead to backlash. ====
70 -**West 2k13** ~~~~~~Robin, 4-8-2013, "Coercion and Persuasion and Speech: A Comment on Corey Brettschneider's book, When the State Speaks, What Should it Say?," https://concurringopinions.com/archives/2013/04/coercion-and-persuasion-and-speech-a-comment-on-corey-brettschneidere28099s-book-when-the-state-speaks-what-should-it-say.html~~~~~~#more-73298~~~~~~ prof. Georgetown Law
71 -The state should in effect counter hateful speech with argument – argument that those beliefs
72 -AND
73 -just a few questions regarding the overall project which might suggest friendly amendments.
100 +where they are made rather than based upon their universal normative aspirations.13
EntryDate
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1 -2017-01-14 05:08:57.615
1 +2017-01-17 13:59:54.0
Judge
... ... @@ -1,1 +1,1 @@
1 -idk
1 +Nathan Johnston
Opponent
... ... @@ -1,1 +1,1 @@
1 -Boca Raton
1 +Boca Raton NM
Round
... ... @@ -1,1 +1,1 @@
1 -1
1 +4
Title
... ... @@ -1,1 +1,1 @@
1 -JANFEB-Aff Lay
1 +JANFEB-Aff Alt-Right
Caselist.RoundClass[8]
Cites
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1 +7
EntryDate
... ... @@ -1,1 +1,1 @@
1 -2017-01-14 05:08:54.0
1 +2017-01-17 13:59:53.0
Judge
... ... @@ -1,1 +1,1 @@
1 -idk
1 +Nathan Johnston
Opponent
... ... @@ -1,1 +1,1 @@
1 -Boca Raton
1 +Boca Raton NM
Round
... ... @@ -1,1 +1,1 @@
1 -1
1 +4
RoundReport
... ... @@ -1,3 +1,5 @@
1 1  1ac-this
2 -1nc-hate speech and sexual harassment da
3 -1ar-same
2 +1nc-professors da
3 +endowments da
4 +funding da
5 +alt right da
Caselist.RoundClass[9]
EntryDate
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1 +2017-01-27 23:18:35.39
Judge
... ... @@ -1,0 +1,1 @@
1 +Nadia Hussein
Opponent
... ... @@ -1,0 +1,1 @@
1 +Dallastown NK
Round
... ... @@ -1,0 +1,1 @@
1 +1
RoundReport
... ... @@ -1,0 +1,4 @@
1 +1ac-this
2 +1nc-rabat CP
3 +hate speech nc
4 +1ar-PICs bad
Tournament
... ... @@ -1,0 +1,1 @@
1 +Emory

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