Changes for page Strake Jesuit Chen Neg

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Summary

Details

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1 +A. Interpretation: The affirmative must defend not restricting any and all constitutionally protected speech—to clarify, they may not specify a constitutionally protected speech.
2 +Google Dictionary defines “not” as https://www.google.com/search?q=not+definitionandoq=not+definitionandaqs=chrome.0.0l6.2170j0j7andsourceid=chromeandie=UTF-8 “used with an auxiliary verb or “be” to form the negative.”
3 +Google Dictionary defines “any” as
4 +https://www.google.com/search?q=not+definitionandoq=not+definitionandaqs=chrome.0.0l6.2170j0j7andsourceid=chromeandie=UTF-8#q=any+definition
5 + “whichever of a specified class might be chosen.”
6 +So this means the resolution says we can not choose a case to restrict speech. Whatever case might be chosen should not be restricted. So to prove the resolution true, you should show that there does not exist a case where we restrict constitutionally protected speech, else you negate.
7 +B. ViolatIon: You spec.
8 +C. Standards:
9 +1. Accuracy- my interp is best
10 +A. Legal Precision- Multiple court rulings agree- any means all
11 +Elder 91, David, “Any and All": To Use Or Not To Use?,” 1991, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf
12 +The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in Harrington v Interstate Business Men's Accident Ass'n, 210 Mich 327, 330; 178 NW 19 (1920), when it quoted Hopkins v Sanders, 172 Mich 227; 137 NW 709 (1912). The Court defined "any" like this: "In broad language, it covers 'arl'v final decree' in 'any suit at law or in chancery' in 'any circuit court.' Any' means ,every,' 'each one of all."' In a later case, the Michigan Supreme Court again held that the use of "any" in an agency contract meant "all." In Gibson v Agricultural Life Ins Co, 282 Mich 282, 284; 276 NW 450 (1937), the clause in controversy read: "14. The Company shall have, and is hereby given a first lien upon any commissions or renewals as security for any claim due or to become due to the Company from said Agent." (Emphasis added.) The Gibson court was not persuaded by the plaintiff's insistence that the word "any" meant less than "all": "Giving the wording of paragraph 14 oJ the agency contract its plain and unequivocable meaning, upon arriving at the conclusion that the sensible connotation of the word any' implies 'all' and not 'some,' the legal conclusion follows that the defendant is entitled to retain the earned renewal commissions arising from its agency contract with Gibson and cannot be held legally liable for same in this action," Gibson at 287 (quoting the trial court opinion). The Michigan Court of Appeals has similarly interpreted the word "any" as used in a Michigan statute. In McGrath v Clark, 89 Mich App 194; 280 NW2d 480 (1979), the plaintiff accepted defendant's offer of judgment. The offer said nothing about prejudgment interest. The statute the Court examined was MCL 600.6013; MSA 27A.6013: "Interest shall be allowed on any money judgment recovered in a civil action...." The Court held that "the word 'any' is to be considered all-inclusive," so the defendants were entitled to interest. McGrath at 197 Recently, the Court has again held that "alny means 'every,' 'each one of all,' and is unlimited in its scope." Parker v Nationwide Mutual Ins Co, 188 Mich App 354, 356; 470 NW2d 416 (1991) (quoting Harrington v InterState Men's Accident Ass'n, supra)
13 +B. Your definition of any is of a different phrase, it is the strong form of any which isn’t used in negative sentences so your definition is out of context.
14 +Cambridge Dictionary Cambridge English Dictionary, “Any,” Cambridge University Press, Accessed 12-4-2016, http://dictionary.cambridge.org/us/grammar/british-grammar/quantifiers/any
15 +Any as a determiner We use any before nouns to refer to indefinite or unknown quantities or an unlimited entity: Did you bring any bread? Mr Jacobson refused to answer any questions. If I were able to travel back to any place and time in history, I would go to ancient China. Any as a determiner has two forms: a strong form and a weak form. The forms have different meanings. Weak form any: indefinite quantities We use any for indefinite quantities in questions and negative sentences. We use some in affirmative sentences: Have you got any eggs? I haven’t got any eggs. I’ve got some eggs. Not: I’ve got any eggs.
16 +2. Limits-
17 +Foundation for Individual Rights in Education. "Case Archive". Retrieved 2008-03-25.
18 +3. Topic Lit-
19 +VOters;
20 +Fairness
21 +Jurisdiction
22 +Drop debater on T-
23 +1
24 +2
25 +CI-
26 +1.
27 +2.
28 +3.
29 +No RVI
30 +1
31 +2
32 +3
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1 +JF - T - ANY
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1 +A. Interpretation: Freedom of speech refers specifically to literal speech and expressive action—printed, written, or otherwise published information is freedom of the press.
2 +Volokh 12 Eugene Volokh (Gary T. Schwartz Professor of Law, UCLA School of Law), FREEDOM FOR THE PRESS AS AN INDUSTRY, OR FOR THE PRESS AS A TECHNOLOGY? FROM THE FRAMING TO TODAY, University of Pennsylvania Law Review, 2012
3 +The freedom of the press-as-technology, of course, was not seen as redundant of the freedom of speech.56 St. George Tucker, for instance, discussed the freedom of speech as focusing on the spoken word and the freedom of the press as focusing on the printed: The best speech cannot be heard, by any great number of persons. The best speech may be misunderstood, misrepresented, and imperfectly remembered by those who are present. To all the rest of mankind, it is, as if it had never been. The best speech must also be short for the inves- tigation of any subject of an intricate nature, or even a plain one, if it be of more than ordinary length. The best speech then must be altogether inadequate to the due exercise of the censorial power, by the people. The only adequate supplementary aid for these defects, is the absolute freedom of the press. 57 at the Debates of the Constitutional Convention. Likewise, George Hay, who later became a U.S. Attorney and a federal judge, wrote in 1799 that “freedom of speech means, in the construc- tion of the Constitution, the privilege of speaking any thing without control” and “the words freedom of the press, which form a part of the same sentence, means the privilege of printing any thing without control.”58
4 +B. Violation: They defend journalism- my Volokh evidence explains this is freedom of press, not speech. The aff isn’t topical.
5 +C. Standards:
6 +1. Accuracy -
7 +B. Legal Context -
8 +C. Author qualifications –
9 +A.
10 +B.
11 +2. Limits-
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1 +JF - T - Speech
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1 +Counterplan Text – Colleges and Universities ought to restrict student hate speech in instances of journalism. Competes- you have to defend all journalistic speech.
2 +Publications are a source of hate on campus – it’s been used to promote platforms for things like Holocaust Denial.
3 +Foxman 10 (Abraham H. Foxman National Director Anti-Defamation League, Fighting Holocaust Denial in Campus Newspaper Advertisements A Manual for Action Revised: May 2010)
4 +Holocaust denial is an anti-Semitic conspiracy theory which claims that the well-documented destruction of six million Jews during World War II is actually a myth created by Jews to serve their own self-interested purposes. On college campuses, Holocaust denial is most often encountered in the form of advertisements submitted to student newspapers ads by Bradley Smith and his Committee for Open Debate on the Holocaust (CODOH). These ads are an affront to truth and an insult to tmemory of those who were murdered by the Nazis. They create a divisive atmosphere for Jews on campus and foster conflict among students, faculty, administrators and the local community. Hillel: The Foundation for Jewish Campus Life, and the Anti-Defamation League (ADL) have worked together for years to counteract these ads and to restore civility to the campus community when they have been published. Students, campus professionals and local community leaders necessarily play the major role in this effort. The Holocaust is a central tragedy in the sweep of Jewish and human history and a trauma that continues to inform Jewish life today. It is also a cautionary tale about human character that deserves retelling in every generation, to Jews and non-Jews alike. By fighting Holocaust denial on campuses we honor the memory of the victims, confront the forces of hatred, and help shape a responsible new generation of Americans. We urge you to join us in this effort.
5 +Banning hate speech in journalism is good– they make underground movements less effective and destructive, deter people from joining and allow for coalitions of targeted groups to fight back.
6 +Parekh 12, Bhikhu (2012) ‘Is There a Case for Banning Hate Speech?’, in Herz, M. and Molnar, P. (eds.) The Content and Context of Hate Speech: Rethinking Regulation and Responses. Cambridge: Cambridge University Press, pp. 37–56.
7 +
8 +This is an important argument and its force should not be underestimated. However, it has its limits. A ban on hate speech might drive extremist groups underground, but it also persuades their moderate and law-abiding members to dissociate them-selves from these groups When extremist groups go underground, they are denied the oxygen of publicity and the aura of public respectability. This makes their operations more difficult and denies them the opportunity to link up with other similar groups and recruit their members. While the ban might alienate extremist groups, it has the compensating advantage of securing the enthusiastic commitment and support of their target groups. Besides, beyond a certain point, alienation need not he a source of worry. Some religious groups are alienated from their secular orientation of the liberal state, just as the communists and polyamourously inclined persons bitterly resent its commitment (respectively) to market economy and monogamy. We accept such forms of alienation as inherent in collective life and do not seek to redress them by abandoming the liberal state. The ban might harden the determination of some, bur it is also likely to weaken that of those who seek respectability and do not want to be associated with ideas and groups considered so disreputable as to be banned, or who are deterred by the cost involved in supporting them. There is the lure of the prohibited, but there is also the attraction of the respectable.
9 +Hate speech leads to a genocidal increase in crimes against marginalized groups.
10 +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
11 +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.
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1 +JF - CP - Hate Speech Journalism
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