Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[36]
  • Caselist.CitesClass[68]

Details

Caselist.RoundClass[36]

EntryDate

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1		-2017-01-08 01:23:35.363
	1	+2017-01-08 01:23:35.0

Caselist.CitesClass[68]

Cites

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	1	+Counterplan Text: Public colleges in the United States should enact restrictions on hate speech.
	2	+Jared Taylor summarizes Waldron, 12, Why We Should Ban “Hate Speech”, American Renaissance, summarizing Jeremy Waldron, The Harm in Hate Speech, Harvard University Press, 2012, 292 pp., 26.95. 8/24/12, http://www.amren.com/features/2012/08/why-we-should-ban-hate-speech/ **Note – Taylor does not agree with but is summarizing Waldron’s position //LADI
	3	+First-Amendment guarantees of free speech are a cherished part of the American tradition and set us apart from virtually every other country. They are not without critics, however, and the free speech guarantees under sharpest attack are those that protect so-called “hate speech.” Jeremy Waldron, an academic originally from New Zealand, has written a whole book explaining why “hate speech” does not deserve protection—and Harvard University Press has published it. Prof. Waldron teaches law and philosophy at New York University Law School, is a professor of social and political theory at Oxford, and is an adjunct professor at Victoria University in New Zealand. Perhaps his foreign origins influence his view of the First Amendment. In this book, Professor Waldron makes just one argument for banning “hate speech.” It is not a good argument, and if this is the best the opponents of free speech can do, the First Amendment should be secure. However, in the current atmosphere of “anti-racism,” any argument against “hate speech” could influence policy, so let us understand his argument as best we can. First, Professor Waldron declares that “we are diverse in our ethnicity, our race, our appearance, and our religions, and we are embarked on a grand experiment of living and working together despite these sorts of differences.” Western societies are determined to let in every sort of person imaginable and make them feel respected and equal in every way. “Inclusiveness” is something “that our society sponsors and that it is committed to.” Therefore, what would we make of a “hate speech” billboard that said: “Muslims and 9/11! Don’t serve them, don’t speak to them, and don’t let them in”? Or one with a picture of Muslim children that said “They are all called Osama”? Or posters that say such things as “Muslims out,” “No blacks allowed,” or “All blacks should be sent back to Africa”? Professor Waldron writes that it is all very well for law professors and white people to say that this is the price we pay for free expression, but we must imagine what it must be like for the Muslim or black who must explain these messages to his children. “Can their lives be led, can their children be brought up, can their hopes be maintained and their worst fears dispelled, in a social environment polluted by these materials?” Professor Waldron insists that a “sense of security in the space we all inhabit is a public good,” like pretty beaches or clean air, and is so precious that the law should require everyone to maintain it: Hate speech undermines this public good . . . . It does this not only by intimating discrimination and violence, but by reawakening living nightmares of what this society was like . . . . It creates something like an environmental threat to social peace, a sort of slow-acting poison, accumulating here and there, word by word, so that eventually it becomes harder and less natural for even the good-hearted members of the society to play their part in maintaining this public good. Professor Waldron tells us that the purpose of “hate speech” is to try to set up a “rival public good” in which it is considered fine to beat up and drive out minorities.
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	5	+On campus hate speech and crimes is decreasing in the squo—that means current restrictions are working and the aff is unnecessary at best
	6	+Sutton 16 Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16
	7	+A recent report released by the National Center for Education Statistics found an overall decrease in crimes at educational institutions across the country since 2001. The overall number of crimes reported by postsecondary institutions has dropped by 34 percent, from 41,600 per year in 2001 to 27,600 per year in 2013. The report, titled Indicators of School Crime and Safety: 2015, covers higher education campuses as well as K–12 schools and includes such topics as victimization, teacher injury, bullying and cyberbullying, use of drugs and alcohol, and criminal incidents at postsecondary institutions. The report found significant decreases in instances of bullying, harassment due to sexual orientation, and violent crime at all levels of education. The number of on-campus crimes reported at postsecondary institutions in 2013 was lower than in 2001 for every category except forcible sex offenses and murder.
	8	+Hate speech is permissible under the first amendment despite the exceptions
	9	+Volokh 15 Eugene Volokh, Law Professor at UCLA, “No, there’s no “hate speech” exception to the First Amendment,” The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262
	10	+I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans. To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term. For instance, there is an exception for “fighting words” — face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. But this exception isn’t limited to racial or religious insults, nor does it cover all racially or religiously offensive statements. Indeed, when the City of St. Paul tried to specifically punish bigoted fighting words, the Supreme Court held that this selective prohibition was unconstitutional (R.A.V. v. City of St. Paul (1992)), even though a broad ban on all fighting words would indeed be permissible.
	11	+Hate speech leads to a genocidal increase in crimes against marginalized groups.
	12	+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
	13	+When police arrived at the scene in Boston, they found a Latino man shaking on the ground, his face apparently soaked in urine, with a broken nose. His arms and chest had been beaten. One of the two brothers arrested and charged with the hate crime reportedly told police, “Donald Trump was right — all these illegals need to be deported.” The victim, a homeless man, was apparently sleeping outside of a subway station in Dorchester when the perpetrators attacked. His only offense was being in the wrong place at the wrong time. The brothers reportedly attacked him for who he was — simply because he was Latino. In recent weeks anti-immigrant — and by extension anti-Latino — rhetoric has reached a fever pitch. Immigrants have been smeared as “killers” and “rapists.” They have been accused of bringing drugs and crime. A radio talk show host in Iowa has called for enslavement of undocumented immigrants if they do not leave within 60 days. There have been calls to repeal the 14th Amendment’s guarantee of citizenship to people born in the United States, with allegations that people come here to have so-called “anchor babies.” And the terms “illegal aliens” and “illegals” — which many mainstream news sources wisely rejected years ago because they dehumanize and stigmatize people — have resurged. The words used on the campaign trail, on the floors of Congress, in the news, and in all our living rooms have consequences. They directly impact our ability to sustain a society that ensures dignity and equality for all. Bigoted rhetoric and words laced with prejudice are building blocks for the pyramid of hate. Biased behaviors build on one another, becoming ever more threatening and dangerous towards the top. At the base is bias, which includes stereotyping and insensitive remarks. It sets the foundation for a second, more complex and more damaging layer: individual acts of prejudice, including bullying, slurs and dehumanization. Next is discrimination, which in turn supports bias-motivated violence, including apparent hate crimes like the tragic one in Boston. And in the most extreme cases if left unchecked, the top of the pyramid of hate is genocide. Just like a pyramid, the lower levels support the upper levels. Bias, prejudice and discrimination — particularly touted by those with a loud megaphone and cheering crowd — all contribute to an atmosphere that enables hate crimes and other hate-fueled violence. The most recent hate crime in Boston is just one of too many. In fact, there is a hate crime roughly every 90 minutes in the United States today. That is why last week ADL announced a new initiative, #50StatesAgainstHate, to strengthen hate crimes laws around the country and safeguard communities vulnerable to hate-fueled attacks. We are working with a broad coalition of partners to get the ball rolling.A

EntryDate

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	1	+2017-01-08 01:23:38.305

Judge

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	1	+Gelfer, Si, Terrace

Opponent

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	1	+Kinkaid JY

ParentRound

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	1	+36

Round

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	1	+Quarters

Team

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	1	+Strake Jesuit Chen Neg

Title

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	1	+JF - CP - Hate Speech

Tournament

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	1	+UH