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1 +First, necessary enablers are the only way to structure action- If I have an obligation to X, and doing Y is necessary to do X, I have an obligation to do Y.
2 +Sinnott-Armstrong. Walter, "An argument for consequentialism." Philosophical Perspectives (1992): 399-421. Page 400
3 +“Since general substitutability works for other kinds of reasons for action, we would need a strong argument to deny that it holds also for moral reasons. If moral reasons obeyed different principles, it would be hard to understand why moral reasons are also called ‘reasons’ and how moral reasons interact with other reasons when they apply to the same action. Nonetheless, this extension has been denied, so we have to look at moral reasons carefully. I have a moral reason to feed my child tonight, both because I promised my wife to do so, and also because of my special relation to my child along with the fact that she will go hungry if I don’t feed her. I can’t feed my child tonight without going home soon, and going home soon will enable me to feed her tonight. Therefore, there is a moral reason for me to go home soon. It need not be imprudent or ugly or sacrilegious or illegal for me not to feed her, but the requirements of morality give me a moral reason to feed her. This argument assumes a special case of substitutability: (MS) If there is a moral reason for A to do X, and if A cannot do X without doing Y, and if doing Y will enable A to do X, then there is a moral reason for A to do Y. I will call this ‘the principle of moral substitutability’, or just ‘moral substitutability’. This principle is confirmed by moral reasons with negative structures. I have a moral reason to help a friend this afternoon. I cannot do so if I play golf this afternoon. Not playing golf this afternoon will enable me to help my friend. So I have a moral reason not to play golf this afternoon. Similarly, I have a moral reason not to endanger other drivers (beyond acceptable limits). I can’t drink too much before I drive without endangering other drivers. Not drinking too much will enable me to avoid endangering other drivers. Therefore, I have a moral reason not to drink too much before I drive. The validity of such varied arguments confirms moral substitutability.”
4 +And, this structure of action necessitates consequentialism or NEC.
5 +Sinnott-Armstrong 2. Walter, "An argument for consequentialism." Philosophical Perspectives (1992): 399-421. Page 400
6 + “All of this leads to necessary enabler consequentialism or NEC. NEC claims that all moral reasons for acts are provided by facts that the acts are necessary enablers for preventing harm or promoting good. All moral reasons on this theory are consequential reasons, but there are tow kinds. Some moral reasons are prevention reasons, because they are facts that an act is a necessary enabler for preventing harm or loss. For example, if giving Alice food is necessary and enables me to prevent her from starving, then that fact is a moral reason to give her food. In this case, I would not cause her death even if I let her starve, but other moral prevention reasons are reasons to avoid causing harm. For example, if turning my car to the left is necessary and enablers me to avoid killing Bobby, that is a moral reason to turn my car to the left. The other kind of moral reason is a promotion reason. This kind of reason occurs when doing something is necessary and enables me to promote (or maximize) some good. For example, I have a moral reason to throw a surprise party for Susan if this is necessary and enables me to make her happy. Because of substitutability, these moral reasons for actions also yield moral reasons against contrary actions. There are then also moral reasons not to do what will cause harm or ensure a failure to prevent harm or promote good. What makes these facts moral reasons is that they can make an otherwise immoral act moral. If I have a moral reason to feed my child, then it might be immoral to give my only food to Alice, who is a stranger. But his would not be immoral if giving Alice good is necessary and enables me to prevent Alice from starving, as long as my child will not starve also. Similarly, it is normally immoral to lie to Susan, but a lie can be moral if it is necessary and enables me to keep my party for Susan a surprise, and if this is also necessary and enables me to make her happy. Thus, NEC fits nicely into the above theory of moral reasons. NEC can provide a natural explanation of moral substitutability for both kinds of reasons. I have a prevention moral reason to give someone food when doing so is necessary and enables me to prevent that person from starving. Suppose that buying food is a necessary enabler for giving the person food, and getting in my car is a necessary enabler for buying food. Moral substitutability warrants the conclusion that I have a moral reason to get in my car. And this act of getting in my car does have the property of being a necessary enabler for preventing starvation. Thus, the necessary enabler has the same property that provided the moral reason to give the food in the first place. This explains why substitutability holds for moral prevention reasons. The other kind of moral reason covers necessary enabler for promoting good. In my example above, if a surprise party is a necessary enabler for making Susan happy, and letting people know about the party is a necessary enabler for having a party, then letting people know is a necessary enabler for making Susan happy. The very fact that provides a moral reason to have the party also provides a moral reason to let people know about it. Thus, NEC can explain why moral substitutability holds for every kind of reason that is includes. Similarly explanations work for moral reasons not to do certain acts, and this explanatory power is a reason to favor NEC. Of course, this should come as no surprise. NEC was intentionally structured to that it would explain moral substitutability. But this does not detract from its explanatory force. The point is that moral substitutability remains a mystery unless we restrict our substantive theory to moral reasons that obey moral substitutability by their very nature. The crucial advantage of NEC lies in its unity. Other theories claim that my reason to do what I promised is just that this fulfills my promise or that promise keeping is intrinsically good. However, I did not promise to start the mower, and starting the mower is not intrinsically good. Thus, my reason to start the mower derives from a different property than my reason to keep my promise. In contrast, NEC makes my reasons to keep my promise, to mow the lawn, and to start the mower derive from the very same property: being a necessary enabler of preventing harm or promoting good. This makes NEC's explanation more coherent and better. A critic might complain that NEC just postpones the problem, since NEC will eventually need to explain why certain things are good or bad, and some will be good or bad as means, but others will not. However, if what is good or bad intrinsically are states (such as pleasure and freedom or pain and death) rather than acts, then they are not the kind of thing that can be done, so there cannot be any question of a reason to do them. This makes it possible for all reasons for acts to have the same nature or derive from the same property. NEC will still have to explain why certain states are good or bad, but so will every other moral theory. The difference is that other theories will also have to explain why there are two kinds of reasons for acts and how these reasons are connected. This is what other theories cannot explain. This additional explanatory gap is avoided by the unified nature of reasons in NEC.” (415-
7 +Second, util is a lexical pre-requisite to any other framework-
8 +a. Analytic
9 +b. Analytic
10 +Thus, the standard is maximizing expected well-being.
11 +Advocacy
12 +I defend the whole resolution – i.e., a world in which public colleges do not restrict any constitutionally protected free speech.
13 +No speech can be restricted on the basis of utility since the truth of an opinion is part of its utility—that is, whether it will be useful for people to believe a certain thing is in itself a "matter of opinion" which must be discussed.
14 +Mill 63 John Stuart Mill "Utilitarianism" 1863, http://www.justiceharvard.org/resources/j-s-mill-utilitarianism-1863/
15 +Questions about ends are, in other words, questions what things are desirable. The utilitarian doctrine is, that happiness is desirable, and the only thing desirable, as an end; all other things being only desirable as means to that end. What ought to be required of this doctrine- what conditions is it requisite that the doctrine should fulfil- to make good its claim to be believed? The only proof capable of being given that an object is visible, is that people actually see it. The only proof that a sound is audible, is that people hear it: and so of the other sources of our experience. In like manner, I apprehend, the sole evidence it is possible to produce that anything is desirable, is that people do actually desire it. If the end which the utilitarian doctrine proposes to itself were not, in theory and in practice, acknowledged to be an end, nothing could ever convince any person that it was so. No reason can be given why the general happiness is desirable, except that each person, so far as he believes it to be attainable, desires his own happiness. This, however, being a fact, we have not only all the proof which the case admits of, but all which it is possible to require, that happiness is a good: that each person’s happiness is a good to that person, and the general happiness, therefore, a good to the aggregate of all persons. Happiness has made out its title as one of the ends of conduct, and consequently one of the criteria of morality.
16 +Advantage – Racism
17 +Advantage one is racism-
18 +The 1AC’s endorsing of free speech eliminates structures of oppression –
19 +a) it allows us to identify racists so that we can persuade them otherwise; this solves the root cause of oppression.
20 +b) It also leads to a bystander effect whereby people in the middle can also be convinced to stay away from that mindset though debate
21 +ACLU 16. American Civil Liberties Union. For almost 100 years, the ACLU has worked to defend and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States., “Hate Speech on Campus”, ACLU, 2016. https://www.aclu.org/other/hate-speech-campus
22 +Where racist, sexist and homophobic speech is concerned, the ACLU believes that more speech ~-~- not less ~-~- is the best revenge. This is particularly true at universities, whose mission is to facilitate learning through open debate and study, and to enlighten. Speech codes are not the way to go on campuses, where all views are entitled to be heard, explored, supported or refuted. Besides, when hate is out in the open, people can see the problem. Then they can organize effectively to counter bad attitudes, possibly change them, and forge solidarity against the forces of intolerance.
23 +Britain empirically proves you can’t eliminate bigotry by banning it so any limitation empirically causes more violence.
24 +Malik 12 Kenan Malik, I am a writer, lecturer and broadcaster. My latest book is The Quest for a Moral Compass: A Global History of Ethics, “why hate speech should not be banned”, April 12, 2012, https://kenanmalik.wordpress.com/2012/04/19/why-hate-speech-should-not-be-banned/
25 +And in practice, you cannot reduce or eliminate bigotry simply by banning it. You simply let the sentiments fester underground. As Milton once put it, to keep out ‘evil doctrine’ by licensing is ‘like the exploit of that gallant man who thought to pound up the crows by shutting his Park-gate’. Take Britain. In 1965, Britain prohibited incitement to racial hatred as part of its Race Relations Act. The following decade was probably the most racist in British history. It was the decade of ‘Paki-bashing’, when racist thugs would seek out Asians to beat up. It was a decade of firebombings, stabbings, and murders. In the early 1980s, I was organizing street patrols in East London to protect Asian families from racist attacks. Nor were thugs the only problem. Racism was woven into the fabric of public institutions. The police, immigration officials – all were openly racist. In the twenty years between 1969 and 1989, no fewer than thirty-seven blacks and Asians were killed in police custody – almost one every six months. The same number again died in prisons or in hospital custody. When in 1982, cadets at the national police academy were asked to write essays about immigrants, one wrote, ‘Wogs, nignogs and Pakis come into Britain take up our homes, our jobs and our resources and contribute relatively less to our once glorious country. They are, by nature, unintelligent. And can’t at all be educated sufficiently to live in a civilised society of the Western world’. Another wrote that ‘all blacks are pains and should be ejected from society’. So much for incitement laws helping create a more tolerant society. Today, Britain is a very different place. Racism has not disappeared, nor have racist attacks, but the open, vicious, visceral bigotry that disfigured the Britain when I was growing up has largely ebbed away. It has done so not because of laws banning racial hatred but because of broader social changes and because minorities themselves stood up to the bigotry and fought back. Of course, as the British experience shows, hatred exists not just in speech but also has physical consequences. Is it not important, critics of my view ask, to limit the fomenting of hatred to protect the lives of those who may be attacked? In asking this very question, they are revealing the distinction between speech and action.
26 +The aff creates a spillover effect – challenging oppression in everyday discussions is key to shaping larger cultural landscapes.
27 +Malik 2 Kenan Malik, I am a writer, lecturer and broadcaster. My latest book is The Quest for a Moral Compass: A Global History of Ethics, “why hate speech should not be banned”, April 12, 2012, https://kenanmalik.wordpress.com/2012/04/19/why-hate-speech-should-not-be-banned/
28 +Much of what we call hate speech consists, however, of claims that may be contemptible but yet are accepted by many as morally defensible. Hence I am wary of the argument that some sentiments are so immoral they can simply be condemned without being contested. First, such blanket condemnations are often a cover for the inability or unwillingness politically to challenge obnoxious sentiments. Second, in challenging obnoxious sentiments, we are not simply challenging those who spout such views; we are also challenging the potential audience for such views. Dismissing obnoxious or hateful views as not worthy of response may not be the best way of engaging with such an audience. Whether or not an obnoxious claim requires a reply depends, therefore, not simply on the nature of the claim itself, but also on the potential audience for that claim.
29 +Silencing bigots only re-entrenches their position and galvanizes their opposition to social justice movements
30 +Levinovitz 16 Alan Levinovitz, assistant professor of religion at James Madison University, “How Trigger Warnings Silence Religious Students,” The Atlantic, August 30, 2016, http://www.theatlantic.com/politics/archive/2016/08/silencing-religious-students-on-campus/497951/
31 + There is no doubt that in America, the perspective of white, heterosexual Christian males has enjoyed disproportionate emphasis, particularly in higher education. Trigger warnings, safe spaces, diversity initiatives, and attention to social justice: all of these are essential for pushing back against this lopsided power dynamic. But there is a very real danger that these efforts will become overzealous and render opposing opinions taboo. Instead of dialogues in which everyone is fairly represented, campus conversations about race, gender, and religion will devolve into monologues about the virtues of tolerance and diversity. I have seen it happen, not only at the University of Chicago, my alma mater, but also at the school where I currently teach, James Madison University, where the majority of students are white and Christian. The problem, I’d wager, is fairly widespread, at least at secular universities. Silencing these voices is not a good thing for anyone, especially the advocates of marginalized groups who hope to sway public opinion. Take for example the idea that God opposes homosexuality, a belief that some students still hold. On an ideal campus, these students would feel free to voice their belief. They would then be confronted by opposing arguments, spoken, perhaps, by the very people whose sexual orientation they have asserted is sinful. At least in this kind of environment, these students would have an opportunity to see the weaknesses in their position and potentially change their minds. But if students do not feel free to voice their opinions, they will remain silent, retreating from the classroom to discuss their position on homosexuality with family, friends, and other like-minded individuals. They will believe, correctly in some cases, that advocates of gay rights see them as hateful, intolerant bigots who deserve to be silenced, and which may persuade them to cling with even greater intensity to their convictions. A more charitable interpretation of the University of Chicago letter is that it is meant to inoculate students against allergy to argument. Modern, secular, liberal education is supposed to combine a Socratic ideal of the examined life with a Millian marketplace of ideas. It is boot camp, not a hotel. In theory, this will produce individuals who have cultivated their intellect and embraced new ideas via communal debate—the kind of individuals who make good neighbors and citizens. The communal aspect of the debate is important. It demands patience, open-mindedness, empathy, the courage to question others and be questioned, and above all, attempting to see things as others do. But even though academic debate takes place in a community, it is also combat. Combat can hurt. It is literally offensive. Without offense there is no antagonistic dialogue, no competitive marketplace, and no chance to change your mind. Impious, disrespectful Socrates was executed in Athens for having the temerity to challenge people’s most deeply held beliefs. It would be a shame to execute him again.
32 +Perceived assault on free speech drives voters to the right wing which leads to disasters like the Trump presidency.
33 +Soave 16 Robby Soave, Associate editor at Reason.com, enjoys writing about college news, education policy, criminal justice reform, and television, “Trump Won Because Leftist Political Correctness Inspired a Terrifying Backlash”, Nov. 9, 2016, http://reason.com/blog/2016/11/09/trump-won-because-leftist-political-corr
34 +Trump won because of a cultural issue that flies under the radar and remains stubbornly difficult to define, but is nevertheless hugely important to a great number of Americans: political correctness. More specifically, Trump won because he convinced a great number of Americans that he would destroy political correctness. I have tried to call attention to this issue for years. I have warned that political correctness actually is a problem on college campuses, where the far-left has gained institutional power and used it to punish people for saying or thinking the wrong thing. And ever since Donald Trump became a serious threat to win the GOP presidential primaries, I have warned that a lot of people, both on campus and off it, were furious about political-correctness-run-amok—so furious that they would give power to any man who stood in opposition to it. I have watched this play out on campus after campus. I have watched dissident student groups invite Milo Yiannopoulos to speak—not because they particularly agree with his views, but because he denounces censorship and undermines political correctness. I have watched students cheer his theatrics, his insulting behavior, and his narcissism solely because the enforcers of campus goodthink are outraged by it. It's not about his ideas, or policies. It's not even about him. It's about vengeance for social oppression. Trump has done to America what Yiannopoulos did to campus. This is a view Yiannopoulos shares. When I spoke with him about Trump's success months ago, he told me, "Nobody votes for Trump or likes Trump on the basis of policy positions. That's a misunderstanding of what the Trump phenomenon is." He described Trump as "an icon of irreverent resistance to political correctness." Correctly, I might add. What is political correctness? It's notoriously hard to define. I recently appeared on a panel with CNN's Sally Kohn, who described political correctness as being polite and having good manners. That's fine—it can mean different things to different people. I like manners. I like being polite. That's not what I'm talking about. The segment of the electorate who flocked to Trump because he positioned himself as "an icon of irreverent resistance to political correctness" think it means this: smug, entitled, elitist, privileged leftists jumping down the throats of ordinary folks who aren't up-to-date on the latest requirements of progressive society. Example: A lot of people think there are only two genders—boy and girl. Maybe they're wrong. Maybe they should change that view. Maybe it's insensitive to the trans community. Maybe it even flies in the face of modern social psychology. But people think it. Political correctness is the social force that holds them in contempt for that, or punishes them outright. If you're a leftist reading this, you probably think that's stupid. You probably can't understand why someone would get so bent out of shape about being told their words are hurtful. You probably think it's not a big deal and these people need to get over themselves. Who's the delicate snowflake now, huh? you're probably thinking. I'm telling you: your failure to acknowledge this miscalculation and adjust your approach has delivered the country to Trump. There's a related problem: the boy-who-cried-wolf situation. I was happy to see a few liberals, like Bill Maher, owning up to it. Maher admitted during a recent show that he was wrong to treat George Bush, Mitt Romney, and John McCain like they were apocalyptic threats to the nation: it robbed him of the ability to treat Trump more seriously. The left said McCain was a racist supported by racists, it said Romney was a racist supported by racists, but when an actually racist Republican came along—and racists cheered him—it had lost its ability to credibly make that accusation. This is akin to the political-correctness-run-amok problem: both are examples of the left's horrible over-reach during the Obama years. The leftist drive to enforce a progressive social vision was relentless, and it happened too fast. I don't say this because I'm opposed to that vision—like most members of the under-30 crowd, I have no problem with gender neutral pronouns—I say this because it inspired a backlash that gave us Trump. My liberal critics rolled their eyes when I complained about political correctness. I hope they see things a little more clearly now. The left sorted everyone into identity groups and then told the people in the poorly-educated-white-male identity group that that's the only bad one. It mocked the members of this group mercilessly. It punished them for not being woke enough. It called them racists. It said their video games were sexist. It deployed Lena Dunham to tell them how horrible they were. Lena Dunham! I warned that political-correctness-run-amok and liberal overreach would lead to a counter-revolution if unchecked. That counter-revolution just happened. There is a cost to depriving people of the freedom (in both the legal and social senses) to speak their mind.
35 +Advantage – State Control
36 +Advantage two is state control-
37 +Putting restrictions on free speech creates a dangerous slippery slope and leads to co-option of movements that lead to silencing of voices. Universities should not be the arbiters of communication.
38 +Fisher 16 Anthony L. Fisher, Dec 13, 2016, “Opposition to “offensive” speech on campuses will ultimately burn dissidents”, http://www.vox.com/the-big-idea/2016/12/13/13931524/free-speech-pen-america-campus-censorship
39 +In perhaps the most cogent line of the entire report, the authors write: “Overreaction to problematic speech may impoverish the environment for speech for all.” In the name of social justice, some students are demanding administrators become the arbiters of what speech is legitimate and what isn’t. These students don’t seem to grasp that by granting authority figures the power to adjudicate which speakers have the right to be heard, they will inevitably find their own speech silenced when opponents claim offense, fear, or discomfort. Calls for crackdowns on “offensive” speech inevitably boomerang It’s already happening. Just ask the Palestinian activists whose boycott campaigns against Israel have been deemed hate speech by a number of public universities, and whose future political activities could be endangered by an act of Congress. Just this month, the Senate unanimously passed the "Anti-Semitism Awareness Act,” which directs the Department of Education to use the bill's contents as a guideline when adjudicating complaints of anti-Semitism on campus. Among the speech-chilling components of the bill, the political (and subjective) act of judging Israel by an "unfair double standard" could be considered hate speech. To cite other examples of unintended consequences of the crackdown on “offensive” speech, a black student at the University of Michigan was punished for calling another student “white trash,” and conservative law students at Georgetown claimed they were “traumatized” when an email critical of deceased Supreme Court Justice Antonin Scalia landed in their inboxes.
40 +Any risk of restriction is just another instance on of the sovereign encroaching on life—the state maintains a monopoly on power and dictates who is and is not political.
41 +Smith 11 Mick, Department of Philosophy and School of Environmental Studies , Queen's University , Kingston, Canada). “Against ecological sovereignty: Agamben, politics and globalization”. 23 Feb 2011.
42 +Schmitt’s Political Theology (2005, p. 5) opens with his famous definition – ‘the sovereign is he who decides on the exception’; that is to say, it is the ultimate mark of sovereign power to be able to suspend the normal rule of law and political order by declaring a ‘state of emergency’ (exception). What is more, since such a suspension is paradigmatically only envisaged under exceptional circumstances (at times of political crisis) the precise conditions of its imposition cannot be pre-determined (and hence codified in law or a procedural politics) but depends precisely upon an extra-legal/procedural decision made by the very power that thereby awards itself a monopoly on political power/action. Agamben, like Schmitt, emphasises how the possibility of this ultimately arbitrary decisionistic assumption of absolute territorial power underlies all claims of state sovereignty, no matter what kind of political constitution such states espouse. Paradoxically, then, the (state of) exception is precisely that situation that (ap)proves the sovereign power’s rule. ‘What the ‘‘ark’’ of power contains at its center is the state of exception – but this is essentially an empty space’ (Agamben 2005, p. 86). The declaration of a state of emergency is both the ultimate political act and simultaneously the abrogation of politics per se. Here, participation in the ‘political realm’ which, from Hannah Arendt’s (1958, p. 198) and Agamben’s (which owes much to Arendt) perspective, ‘rises directly out of acting together, the ‘‘sharing of words and deeds’’’, is denied, by a political decision, to some or all of the population of a given territory, thereby reducing them to a state that Agamben refers to as ‘bare-life’, that is, human existence stripped of its ethico-political possibilities
43 +This opens up space for the worst atrocities imaginable—the state deems the human as non-human, clearing the way for genocide.
44 +Edkins 2000 Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000.
45 +The camp is exemplary as a location of a zone of indistinction. Although in general the camp is set up precisely as part of a state of emergency or martial law, under Nazi rule this becomes not so much a state of exception in the sense of an external and provi- sional state of danger as but a means of establishing the Nazi state itself. The camp is "the space opened up when the state of exception begins to becomes the rule."17 In the camp, the distinction between the rule of law and chaos disappears: decisions about life and death are entirely arbitrary, and everything is possible. A zone of indistinction appears between outside and inside, exception and rule, licit and illicit. What happened in the twentieth century in the West, and paradigmatically since the advent of the camp, was that the space of the state of exception transgressed its bound- aries and started to coincide with the normal order. The zone of indistinction expanded from a space of exclusion within the nor- mal order to take over that order entirely. In the concentration camp, inhabitants are stripped of every political status, and the arbitrary power of the camp attendants confronts nothing but what Agamben calls bare life, or homo sacer, a creature who can be killed but not sacrificed.18 This figure, an essential figure in modern politics, is constituted by and constitu- tive of sovereign power. Homo sacer is produced by the sovereign ban and is subject to two exceptions: he is excluded from human law (killing him does not count as homicide) and he is excluded from divine law (killing him is not a ritual killing and does not count as sacrilege). He is set outside human jurisdiction without being brought into the realm of divine law. This double exclusion of course also counts as a double inclusion: "homo sacer belongs to God in the form of unsacrificability and is included in the com- munity in the form of being able to be killed."19 This exposes homo sacer to a new kind of human violence such as is found in the camp and constitutes the political as the double exception: the ex- clusion of both the sacred and the profane.
46 +Constitutionally protected speech is key- it was meant to be a counter-majoritarian right to break down institutions.
47 +Redish and Mollen 09 Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law, Abby Marie Mollen, B.A. 2001, J.D. 2008, Northwestern University, “UNDERSTANDING POST'S AND MEIKLEJOHN'S MISTAKES: THE CENTRAL ROLE OF ADVERSARY DEMOCRACY IN THE THEORY OF FREE EXPRESSION,” Northwestern University Law Review Vol. 103, No. 3, 2009
48 +According to Mansbridge, "the framers of the American Constitution explicitly espoused a philosophy of adversary democracy built on selfinterest,"'2 which shaped the Constitution in several ways. First, by putting certain individual rights beyond the reach of majoritarian enactments, the Bill of Rights actually enshrines and protects conflict. The Establishment and Free Exercise Clauses of the First Amendment, for instance, protect religious diversity and the divergent ideas of the "good life" that result from different religious beliefs. The Free Speech Clause likewise protects the liberty of the individual to speak pursuant to her own will, even though her speech conflicts with the existing order and ideas of the "common good" that the majority accepts. The Constitution's countermajoritarian protections, in other words, reject the ideal of widespread societal consensus. To the contrary, out of respect for individual autonomy, they constitutionalize individual interest and the conflict it may produce.
49 +Free speech is key to preventing mass government violence endless warfare- this is a gateway to any other util impact.
50 +D’Souza 96 Frances, Prof. Anthropology Oxford, http://www.europarl.europa.eu/hearings/19960425/droi/freedom_en.htm?textMode=on
51 +There are undoubted connections between access to information, or rather the lack of it, and war, as indeed there are between poverty, the right to freedom of expression and development. One can argue that democracy aims to increase participation in political and other decision-making at all levels. In this sense democracy empowers people. The poor are denied access to information on decisions which deeply affect their lives, are thus powerless and have no voice; the poor are not able to have influence over their own lives, let alone other aspect of society. Because of this essential powerlessness, the poor are unable to influence the ruling elite in whose interests it may be to initiate conflict and wars in order to consolidate their own power and position. Of the 126 developing countries listed in the 1993 Human Development Report, war was ongoing in 30 countries and severe civil conflict in a further 33 countries. Of the total 63 countries in conflict, 55 are towards the bottom scale of the human development index which is an indicator of poverty. There seems to be no doubt that there is a clear association between poverty and war. It is reasonably safe to assume that the vast majority of people do not ever welcome war. They are normally coerced, more often than not by propaganda, into fear, extreme nationalist sentiments and war by their governments. If the majority of people had a democratic voice they would undoubtedly object to war. But voices are silenced. Thus, the freedom to express one's views and to challenge government decisions and to insist upon political rather than violent solutions, are necessary aspects of democracy which can, and do, avert war. Government sponsored propaganda in Rwanda, as in former Yugoslavia, succeeded because there weren't the means to challenge it. One has therefore to conclude that it is impossible for a particular government to wage war in the absence of a compliant media willing to indulge in government propaganda. This is because the government needs civilians to fight wars for them and also because the media is needed to re-inforce government policies and intentions at every turn. In a totalitarian state where the expression of political views, let alone the possibility of political organis-ation, is strenuously suppressed, one has to ask what other options are open to a genuine political movement intent on introducing justice. All too often the only perceived option is terrorist attack and violence because it is, quite literally, the only method available to communicate the need for change.
52 +Underview
53 +Restrictions on hate speech fail – they’ll just repackage the message using a dog-whistle that avoids the restriction but causes the same intended harm.
54 +Malik 3 (Kenan Malik, I am a writer, lecturer and broadcaster. My latest book is The Quest for a Moral Compass: A Global History of Ethics, “why hate speech should not be banned”, April 12, 2012, https://kenanmalik.wordpress.com/2012/04/19/why-hate-speech-should-not-be-banned/)
55 +Kenan Malik: I am not sure that ‘hate speech’ is a particularly useful concept. Much is said and written, of course, that is designed to promote hatred. But it makes little sense to lump it all together in a single category, especially when hatred is such a contested concept. In a sense, hate speech restriction has become a means not of addressing specific issues about intimidation or incitement, but of enforcing general social regulation. This is why if you look at hate speech laws across the world, there is no consistency about what constitutes hate speech. Britain bans abusive, insulting, and threatening speech. Denmark and Canada ban speech that is insulting and degrading. India and Israel ban speech that hurts religious feelings and incites racial and religious hatred. In Holland, it is a criminal offense deliberately to insult a particular group. Australia prohibits speech that offends, insults, humiliates, or intimidates individuals or groups. Germany bans speech that violates the dignity of, or maliciously degrades or defames, a group. And so on. In each case, the law defines hate speech in a different way. One response might be to say: Let us define hate speech much more tightly. I think, however, that the problem runs much deeper. Hate speech restriction is a means not of tackling bigotry but of rebranding certain, often obnoxious, ideas or arguments as immoral. It is a way of making certain ideas illegitimate without bothering politically to challenge them. And that is dangerous.
56 +Censorship is deconstructive and regressive and turns any criticism – blocking the freedom of speech will only guarantee the domination of current prevailing discursive practices.
57 +Ward 90 David V. Ph.D. Professor of Philosophy at Widener University in Pennsylvania. “Library Trends” Philosophical Issues in Censorship and Intellectual Freedom, Volume 39, Nos 1 and 2. Summer/Fall 1990. Pages 86-87
58 +Second, even if the opinion some wish to censor is largely false, it may contain some portion of truth, a portion denied us if we suppress the speech which contains it. The third reason for allowing free expression is that any opinion “however true it may be, if it is not fully, frequently, and fearlessly discussed, ... will be held as a dead dogma, not a living truth” (Mill, 1951, p. 126). Merely believing the truth is not enough, Mill points out, for even a true opinion held without full and rich understanding of its justification is “a prejudice, a belief independent of, and proof against, argument-this is not the way in which truth ought to be held by a rational being. This is not knowing the truth. Truth, thus held, is but one superstition the more, accidentally clinging to the words which enunciate a truth” (p. 127). Fourth, the meaning of a doctrine held without the understanding which arises in the vigorous debate of its truth, “will be in danger of being lost, or enfeebled, and deprived of its vital effect on the character and conduct the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground, and preventing the growth of any real and heartfelt conviction, from reason or personal experience” (p. 149). Censorship, then, is undesirable according to Mill because, whether the ideas censored are true or not, the consequences of suppression are bad. Censorship is wrong because it makes it less likely that truth will be discovered or preserved, and it is wrong because it has destructive consequences for the intellectual character of those who live under it. Deontological arguments in favor of freedom of expression, and of intellectual freedom in general, are based on claims that people are entitled to freely express their thoughts, and to receive the expressions made by others, quite independently of whether the effects of that speech are desirable or not. These entitlements take the form of rights, rights to both free expression and access to the expressions of others.
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