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++Framework – Structural Violence
++Morality must start from the non-ideal circumstances we have inherited. We can never achieve the ideal consequences that ethical theories aspire for without a focus on social reality
++Mills 05 Charles W. Mills, “Ideal Theory” as Ideology, 2005
++I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, is in fact the correct one. If we start from what is presumably the uncontroversial premise that the ultimate point of ethics is to guide our actions and make ourselves better people and the world a better place, then the framework above will not only be unhelpful, but will in certain respects be deeply antithetical to the proper goal of theoretical ethics as an enterprise. In modeling humans, human capacities, human interaction, human institutions, and human society on ideal-as-idealized-models, in never exploring how deeply different this is from ideal-as-descriptive-models, we are abstracting away from realities crucial to our comprehension of the actual workings of injustice in human interactions and social institutions, and thereby guaranteeing that the ideal-as-idealized-model will never be achieved.
++This approach to ethics justifies focus on resolving material conditions of violence. Morality isn’t just something that we strive for in a vaccum, rather, we resolve it based on the empirical world. Pappas 16
++Gregory Fernando Pappas Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016,
++In Experience and Nature, Dewey names the empirical way of doing philosophy the “denotative method” (LW 1:371).18 What Dewey means by “denotation” is simply the phase of an empirical inquiry where we are con- cerned with designating, as free from theoretical presuppositions as possible, the concrete problem (subject matter) for which we can provide different and even competing descriptions and theories. Thus an empirical inquiry about an injustice must begin with a rough and tentative designation of where the injustices from within the broader context of our everyday life and activities are. Once we designate the subject matter, we then engage in the inquiry itself, including diagnosis, possibly even constructing theories and developing concepts. Of course, that is not the end of the inquiry. We must then take the results of that inquiry “as a path pointing and leading back to something in primary experience” (LW 1:17). This looping back is essential, and it neverends as long as there are new experiences of injustice that may require a revi- sion of our theories.¶ Injustices are events suffered by concrete people at a particular time and in a situation. We need to start by pointing out and describing these prob- lematic experiences instead of starting with a theoretical account or diagnosis of them. Dewey is concerned with the consequences of not following the methodological advice to distinguish designation from diagnosis. Definitions, theoretical criteria, and diagnosis can be useful; they have their proper place and function once inquiry is on its way, but if stressed too much at the start of inquiry, they can blind us to aspects of concrete problems that escape our theoretical lenses. We must attempt to pretheoretically designate the subject matter, that is, to “point” in a certain direction, even with a vague or crude description of the problem. But, for philosophers, this task is not easy because, for instance, we are often too prone to interpret the particular problem in a way that verifies our most cherished theories of injustice. One must be careful to designate the subject matter in such a way as not to slant the question in favor of one’s theory or theoretical preconceptions. A philosopher must make an honest effort to designate the injustices based on what is experienced as such because a concrete social problem (e.g., injustice) is independent and neutral with respect to the different possible competing diagnoses or theories about its causes. Otherwise, there is no way to test or adjudicate between competing accounts.¶ That designation precedes diagnosis is true of any inquiry that claims to be empirical. To start with the diagnosis is to not start with the problem. The problem is pretheoretical or preinquiry, not in any mysterious sense but in that it is first suffered by someone in a particular context. Otherwise, the diagnosis about the causes of the problem has nothing to be about, and the inquiry cannot even be initiated. In his Logic, Dewey lays out the pattern of all empirical inquiries (LW 12). All inquiries start with what he calls an “indeterminate situation,” prior even to a “problematic situation.” Here is a sketch of the process:¶ Indeterminate situation → problematic situation → diagnosis: What is the problem? What is the solution? (operations of analysis, ideas, observations, clarification, formulating and testing hypothesis, reasoning, etc.) → final judgment (resolution: determinate situation)¶ To make more clear or vivid the difference of the starting point between Anderson and Dewey, we can use the example (or analogy) of medical prac- tice, one that they both use to make their points.19 The doctor’s startingpoint is the experience of a particular illness of a particular patient, that is, the concrete and unique embodied patient experiencing a disruption or prob- lematic change in his life. “The patient having something the matter with him is antecedent; but being ill (having the experience of illness) is not the same as being an object of knowledge.”20 The problem becomes an object of knowledge once the doctor engages in a certain interaction with the patient, analysis, and testing that leads to a diagnosis. For Dewey, “diagnosis” occurs when the doctor is already engaged in operations of experimental observation in which he is already narrowing the field of relevant evidence, concerned with the correlation between the nature of the problem and possible solu- tions. Dewey explains the process: “A physician . . . is called by a patient. His original material of experience is thereby provided. This experienced object sets the problem of inquiry. . . . He calls upon his store of knowledge to sug- gest ideas that may aid him in reaching a judgment as to the nature of the trouble and its proper treatment.”21¶ Just as with the doctor, empirical inquirers about injustice must return to the concrete problem for testing, and should never forget that their con- ceptual abstractions and general knowledge are just means to ameliorate what is particular, context-bound, and unique. In reaching a diagnosis, the doc- tor, of course, relies on all of his background knowledge about diseases and evidence, but a good doctor never forgets the individuality of the particular problem (patient and illness).¶ The physician in diagnosing a case of disease deals with something in- dividualized. He draws upon a store of general principles of physiology, etc., already at his command. Without this store of conceptual material he is helpless. But he does not attempt to reduce the case to an exact specimen of certain laws of physiology and pathology, or do away with its unique individuality. Rather he uses general statements as aids to direct his observation of the particular case, so as to discover what it is like. They function as intellectual tools or instrumentalities. (LW 4:166)¶ Dewey uses the example of the doctor to emphasize the radical contex- tualism and particularism of his view. The good doctor never forgets that this patient and “this ill is just the specific ill that it is. It never is an exact duplicate of anything else.”22 Similarly, the empirical philosopher in her in- quiry about an injustice brings forth general knowledge or expertise to an inquiry into the causes of an injustice. She relies on sociology and history as well as knowledge of different forms of injustice, but it is all in the service of inquiry about the singularity of each injustice suffered in a situation.¶ The correction or refinement that I am making to Anderson’s character- ization of the pragmatists’ approach is not a minor terminological or scholarly point; it has methodological and practical consequences in how we approach an injustice. The distinction between the diagnosis and the problem (the ill- ness, the injustice) is an important functional distinction that must be kept in inquiry because it keeps us alert to the provisional and hypothetical aspect of any diagnosis. To rectify or improve any diagnosis, we must return to the concrete problem; as with the patient, this may require attending as much as possible to the uniqueness of the problem. This is in the same spirit as Anderson’s preference for an empirical inquiry that tries to “capture all of the expressive harms” in situations of injustice. But this requires that we begin with and return to concrete experiences of injustice and not by starting with a diagnosis of the causes of injustice provided by studies in the social sciences, as in (5) above. For instance, a diagnosis of causes that are due to systematic, structural features of society or the world disregards aspects of the concrete experiences of injustice that are not systematic and structural.¶ Making problematic situations of injustice our explicit methodological commitment as a starting point rather than a diagnosis of the problem is an important and useful imperative for nonideal theories. It functions as a directive to inquirers toward the problem, to locate it, and designate it before venturing into descriptions, diagnosis, analysis, clarifications, hypotheses, and reasoning about the problem. These operations are instrumental to its ame- lioration and must ultimately return (be tested) by the problem that sparked the inquiry. The directive can make inquirers more attentive to the complex ways in which such differences as race, culture, class, or gender intersect in a problem of injustice. Sensitivity to complexity and difference in matters of injustice is not easy; it is a very demanding methodological prescription because it means that no matter how confident we may feel about applying solutions designed to ameliorate systematic evil, our cures should try to address as much as possible the unique circumstances of each injustice. The analogy with medical inquiry and practice is useful in making this point, since the hope is that someday we will improve our tools of inquiry to prac- tice a much more personalized medicine than we do today, that is, provide a diagnosis and a solution specific to each patient.
++Thus, the standard is resolving material conditions of violence. Prefer additionally:
++First, the standard outweighs on actor specificity. Government must be practical and cannot concern itself with metaphysical questions – its only role is to protect citizens’ interests
++Rhonheimer 05 (Martin, Prof Of Philosophy at The Pontifical University of the Holy Cross in Rome). “THE POLITICAL ETHOS OF CONSTITUTIONAL DEMOCRACY AND THE PLACE OF NATURAL LAW IN PUBLIC REASON: RAWLS’S “POLITICAL LIBERALISM” REVISITED” The American Journal of Jurisprudence vol. 50 (2005), pp. 1-70
++“It is a fundamental feature of political philosophy to be part of practical philosophy. Political philosophy belongs to ethics, which is practical, for it both reflects on practical knowledge and aims at action. Therefore, it is not only normative, but must consider the concrete conditions of realization. The rationale of political institutions and action must be understood as embedded in concrete cultural and, therefore, historical contexts and as meeting with problems that only in these contexts are understandable. A normative political philosophy which would abstract from the conditions of realizability would be trying to establish norms for realizing the "idea of the good" or of "the just" (as Plato, in fact, tried to do in his Republic). Such a purely metaphysical view, however, is doomed to failure. As a theory of political praxis, political philosophy must include in its reflection the concrete historical context, historical experiences and the corresponding knowledge of the proper logic of the political. 4 Briefly: political philosophy is not metaphysics, which contemplates the necessary order of being, but practical philosophy, which deals with partly contingent matters and aims at action. Moreover, unlike moral norms in general-natural law included-which rule the actions of a person-"my acting" and pursuing the good-the logic of the political is characterized by acts like framing institutions and establishing legal rules by which not only personal actions but the actions of a multitude of persons are regulated by the coercive force of state power, and by which a part of citizens exercises power over others. Political actions are, thus, both actions of the whole of the body politic and referring to the whole of the community of citizens. 5 Unless we wish to espouse a platonic view according to which some persons are by nature rulers while others are by nature subjects, we will stick to the Aristotelian differentiation between the "domestic" and the "political" kind of rule 6: unlike domestic rule, which is over people with a common interest and harmoniously striving after the same good and, therefore, according to Aristotle is essentially "despotic," political rule is exercised over free persons who represent a plurality of interests and pursue, in the common context of the polis, different goods. The exercise of such political rule, therefore, needs justification and is continuously in search of consent among those who are ruled, but who potentially at the same time are also the rulers. Thus, unlike individual ethics, which is concerned with the goodness, fulfillment and flourishing of human persons, political ethics and philosophy-as a conception of political action and the political, that is, the common good -must be right from the beginning, and even on the level of basic principles, prudential in a specific way: it is a principled kind of prudence, based on the specific subject matter of the political, that guides actions-e.g., lawmaking—chosen for, and in many cases in behalf of, a multitude of free persons the results of which are enforced by means of the coercive apparatus of what we nowadays call "the state." This principled kind of political prudence and its inherent logic of specifically political justification constitute "public reason." “
++This means that a) analytic b) analytic
++Second, there is no act/omission for governments—constraint based theories collapse to consequentialism.
++Sunstein and Vermule 05 (Cass Sunstein and Adrian Vermuele, “Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs,” Chicago Public Law and Legal Theory Working Paper No. 85 (March 2005), p. 17.) In our view, both the argument from causation and the argument from intention go wrong by overlooking the distinctive features of government as a moral agent. Whatever the general status of the act-omission distinction as a matter of moral philosophy,38 the distinction is least impressive when applied to government.39 The most fundamental point is that unlike individuals, governments always and necessarily face a choice between or among possible policies for regulating third parties. The distinction between acts and omissions may not be intelligible in this context, and even if it is, the distinction does not make a morally relevant difference. Most generally, government is in the business of creating permissions and prohibitions. When it explicitly or implicitly authorizes private action, it is not omitting to do anything, or refusing to act.40 Moreover, the distinction between authorized and unauthorized private action—for example, private killing—becomes obscure when the government formally forbids private action, but chooses a set of policy instruments that do not adequately or fully discourage it.
++Third, the oppressed don’t care about the abstract- they want actual consequential change. Anything else is just a reflection of privilege.
++Utt ’13: Jamie Utt is a writer and a diversity and inclusion consultant and sexual violence prevention educator, “Intent vs. Impact: Why Your Intentions Don’t Really Matter,” July 30, 2013
++I cannot tell you how often I’ve seen people attempt to deflect criticism about their oppressive language or actions by making the conversation about their intent. At what point does the “intent” conversation stop mattering so that we can step back and look at impact? After all, in the end, what does the intent of our action really matter if our actions have the impact of furthering the marginalization or oppression of those around us? In some ways, this is a simple lesson of relationships. If I say something that hurts my partner, it doesn’t much matter whether I intended the statement to mean something else – because my partner is hurting. I need to listen to how my language hurt my partner. I need to apologize. And then I need to reflect and empathize to the best of my ability so I don’t do it again. But when we’re dealing with the ways in which our identities intersect with those around us – and, in turn, the ways our privileges and our experiences of marginalization and oppression intersect – this lesson becomes something much larger and more profound. This becomes a lesson of justice. What we need to realize is that when it comes to people’s lives and identities, the impact of our actions can be profound and wide-reaching. And that’s far more important than the question of our intent. We need to ask ourselves what might be or might have been the impact of our actions or words. And we need to step back and listen when we are being told that the impact of our actions is out of step with our intents or our perceptions of self. Identity Privilege and Intent For people of identity privilege, this is where listening becomes vitally important, for our privilege can often shield us from understanding the impact of our actions. After all, as a person of privilege, I can never fully understand the ways in which oppressive acts or language impact those around me. What I surely can do is listen with every intent to understand, and I can work to change my behavior. Because what we need to understand is that making the conversation about intent is inherently a privileged action. The reason? It ensures that you and your identity (and intent) stay at the center of any conversation and action while the impact of your action or words on those around you is marginalized. So if someone ever tells you to “check your privilege,” what they may very well mean is: “Stop centering your experience and identity in the conversation by making this about the intent of your actions instead of their impact.” That is: Not everything is about you. “What They Did” vs. “What They Are” The incredible Ill Doctrine puts it well when he explains the difference between the “What They Did” conversation and the “What They Are” conversation, which you can watch here. In essence, the “intent” conversation is one about “what they are.” Because if someone intended their action to be hurtful and racist/sexist/transphobic/pickyourpoison, then they must inherently be racist/sexist/transphobic/pickyourpoison. On the other hand, the “impact” conversation is one about “what they did.” For you, it takes the person who said or did the hurtful thing out of the center and places the person who was hurt in the center. It ensures that the conversation is about how “what they did” hurts other people and further marginalizes or oppresses people.
++Advocacy
++I defend whole res – i.e., a world in which public colleges do not restrict any constitutionally protected free speech.
++Advantage – Racism
++Advantage one is racism-
++The 1AC’s endorsing of free speech eliminates structures of oppression –
++a)	it allows us to identify racists so that we can persuade them otherwise; this solves the root cause of oppression.
++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
++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
++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.
++Britain empirically proves you can’t eliminate bigotry by banning it so any limitation empirically causes more violence.
++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/
++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.
++The aff creates a spillover effect – challenging oppression in everyday discussions is key to shaping larger cultural landscapes.
++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/
++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.
++Student protest combats racial inequality by sparking national dialogue and movements
++Curwen 15 Thomas Curwen, Jason Song and Larry Gordon (reporters), "What's different about the latest wave of college activism," LA Times, 11/18/2015
++Although some of the strategies may seem familiar, it is the speed and the urgency of today's protests that are different. "What is unique about these issues is how social media has changed the way protests take place on college campuses," said Tyrone Howard, associate dean of equity, diversity and inclusion at UCLA. "A protest goes viral in no time flat. With Instagram and Twitter, you're in an immediate news cycle. This was not how it was 20 or 30 years ago." Howard also believes that the effectiveness of the actions at the University of Missouri has encouraged students on other campuses to raise their voices. "A president stepping down is a huge step," he said. "Students elsewhere have to wonder, 'Wow, if that can happen there, why can't we bring out our issues to the forefront as well?'" Shaun R. Harper, executive director of the University of Pennsylvania's Center for the Study of Race and Equity in Education, agrees. The resignation of two top Missouri administrators, Harper said, showed students and athletes around the country that they have power they may not have realized before. The protests show "we're all together and we have the power to make the change we deserve," said Lindsay Opoku-Acheampong, a senior studying biology at Occidental. "It's affirming," said Dalin Celamy, also a senior at the college. "It lets us know we're not crazy; it's happening to people who are just like you all over the country." Celamy, along with other students, not only watched the unfolding protests across the country, but also looked to earlier protests, including an occupation of an administrative building at Occidental in 1968. Echoes of the 1960s in today's actions are clear, said Robert Cohen, a history professor at New York University and author of "Freedom's Orator," a biography of Mario Savio, who led the Free Speech Movement at UC Berkeley in the 1960s. "The tactical dynamism of these nonviolent protests and the public criticism of them are in important ways reminiscent of the 1960s," Cohen said. "Today's protests, like those in the '60s, are memorable because they have been effective in pushing for change and sparking dialogue as well as polarization." Although the targets of these protests are the blatant and subtle forms of racism and inequity that affect the students' lives, the message of the protests resonates with the recent incidents of intolerance and racial inequity on the streets of America. There is a reason for this, Howard said. Campuses are microcosms of society, he said, and are often comparable in terms of representation and opportunity. "So there is a similar fight for more representation, acceptance and inclusion." The dynamic can create a complicated and sensitive social order for students of color to negotiate. "Latino and African American students are often under the belief if they leave their community and go to colleges, that it will be better," Howard said. "They believe it will be an upgrade over the challenges that they saw in underserved and understaffed schools. But if the colleges and universities are the same as those schools, then there is disappointment and frustration." In addition, Howard said, when these students leave their community to go to a university, they often feel conflicted. "So when injustice comes up," he said, "they are quick to respond because it is what they saw in their community. On some level, it is their chance to let their parents and peers know that they have not forgotten the struggle in the community." On campuses and off, Harper, of the University of Pennsylvania center, finds a rising sense of impatience among African Americans about social change. "As a black person, I think black people are just fed up. It's time out for ignoring these issues," he said. While protests in the 1960s helped create specific safeguards for universities today, such as Title IX, guaranteeing equal access for all students to any educational program or activity receiving federal financial assistance, a gap has widened over the years between students and administrators over perceptions of bias. Institutions often valued for their support of free speech find themselves wrestling with the prospect of limiting free speech, but to focus on what is or isn't politically correct avoids the more important issue, Cohen said: whether campuses are diverse enough or how to reduce racism. Occidental student Raihana Haynes-Venerable has heard criticism that modern students are too sensitive, but she argues that subtle forms of discrimination still have a profound effect. She pointed to women making less than men and fewer minorities getting jobs as examples. "This is the new form of racism," she said.
++Attempts to silence problematic perspectives on campus only functions to further empower them. Beinart 2/3
++Peter Beinart (Contributing editor at The Atlantic and an associate professor of journalism and political science at the City University of New York), "Milo Yiannopoulos Tested Progressives—and They Failed", The Atlantic, 02/03/2017,  https://www.theatlantic.com/politics/archive/2017/02/everyone-has-a-right-to-free-speech-even-milo/515565/?utm_source=atlfb
++
++The second argument for preventing Yiannopoulos from speaking is that his ideas are more than merely offensive. His conduct at public events has constituted harassment. As a group of Berkeley professors detailed in a letter, Yiannopoulos, projected a picture of a trans student onto a screen during his speech at the University of Wisconsin, Milwaukee, last December—an event that was also live-streamed on Breitbart News. He “continued to ridicule and vilify her in front of the live campus audience and the online audience. The student was so disturbed by this experience that she withdrew from the university.” But this argument is weak, too. Yiannopoulos’s behavior at the Milwaukee campus sounds disgusting. But as Dirks wrote in response, “critical statements and even the demeaning ridicule of individuals are largely protected by the Constitution.” If they were not, a lot of comedians would have trouble performing live. And even if the targeted UWM student has grounds to sue, Berkeley cannot prevent the College Republicans from hosting Yiannopoulos because of the possibility that he might do something like that again. Politically, the problem with shutting Yiannopoulos down is obvious. The reason the College Republicans invited him in the first place was “because we believe there exists a dearth of intellectual diversity on this campus,” and “conservative thought is actively repressed.” Not letting him speak on campus just makes their point. It lets Yiannopoulos depict himself as a victim of “political correctness.” Which is the grievance that fuels his ugly persona in the first place.
++Advantage – State Control
++Advantage two is state control-
++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.
++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
++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.
++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.
++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.
++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
++This opens up space for the worst atrocities imaginable—the state deems the human as non-human, clearing the way for genocide.
++Edkins 2000 Department of International Politics, University of Wales). “Sovereign Power, Zones of Indistinction, and the Camp”. 2000.
++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.
++Student protests oppose neoliberalism in higher education, translating theory into praxis
++Delgado and Ross 16 Sandra Delgado (doctoral student in curriculum studies at the University of British Columbia in Vancouver, Canada) and E. Wayne Ross (Professor in the Faculty of Education at the University of British Columbia in Vancouver, Canada), "Students in Revolt: The Pedagogical Potential of Student Collective Action in the Age of the Corporate University" 2016 (published on Academia.edu)
++As students’ collective actions keep gaining more political relevance, student and university movements also establish themselves as spaces of counter-hegemony (Sotiris, 2014). Students are constantly opening new possibilities to displace and resist the commodification of education offered by mainstream educational institutions. As Sotiris (2014) convincingly argues, movements within the university have not only the potential to subvert educational reforms, but in addition, they have become “strategic nodes” for the transformation of the processes and practices in higher education, and most importantly for the constant re-imagination and the recreation of “new forms of subaltern counter-hegemony” (p. 1). The strategic importance of university and college based moments lays precisely in the role that higher education plays in contemporary societies, namely their role in “the development of new technologies, new forms of production and for the articulation of discourses and theories on contemporary issues and their role in the reproduction of state and business personnel.” (p.8) Universities and colleges therefore, have a crucial contribution in “the development of class strategies (both dominant and subaltern), in the production of subjectivities, (and) in the transformation of collective practices” (p.8) The main objective of this paper is to examine how contemporary student movements are disrupting, opposing and displacing entrenched oppressive and dehumanizing reforms, practices and frames in today’s corporate academia. This work is divided in four sections. The first is an introduction to student movements and an overview of how student political action has been approached and researched. The second and third sections take a closer look at the repertoires of contention used by contemporary student movements and propose a framework based on radical praxis that allows us to better understand the pedagogical potential of student disruptive action. The last section contains a series of examples of students’ repertoires or tactics of contention that exemplifies the pedagogical potential of student social and political action. An Overview of Student Movements Generally speaking, students are well positioned as political actors. They have been actively involved in the politics of education since the beginnings of the university, but more broadly, students have played a significant role in defining social, cultural and political environments around the world (Altbach, 1966; Boren, 2001). The contributions and influences of students and student movements to revolutionary efforts and political movements beyond the university context are undeniable. One example is the role that students have played in the leadership and membership of the political left (e.g. students’ role in the Movimiento 26 de Julio - M-26-7 in Cuba during the 50’s and in the formation of The New Left in the United States, among others). Similarly, several political and social movements have either established alliances with student organizations or created their own chapters on campuses to recruit new members, mobilize their agendas in education and foster earlier student’s involvement in politics2 (Altbach, 1966; Lipset, 1969). Students are often considered to be “catalysts” of political and social action or “barometers” of the social unrest and political tension accumulated in society (Barker, 2008). Throughout history student movements have had a diverse and sometimes contradictory range of political commitments. Usually, student organizations and movements find grounding and inspiration in Anarchism and Marxism, however it is also common to see movements leaning towards liberal and conservative approaches. Hence, student political action has not always been aligned with social movements or organizations from the political left. In various moments in history students have joined or been linked to rightist movements, reactionary organizations and conservative parties (Altbach, 1966; Barker, 2008). Students, unlike workers, come from different social classes and seemly different cultural backgrounds. As a particularly diverse social group, students are distinguished for being heterogeneous and pluralists in their values, interests and commitments (Boren, 2001). Such diversity has been a constant challenge for maintaining unity, which has been particularly problematic in cases of national or transnational student organizations (Prusinowska, Kowzan, and Zielińska, 2012; Somma, 2012). To clarify, social classes are defined by the specific relationship that people have with the means of production. In the case of students, they are not a social class by themselves, but a social layer or social group that is identifiable by their common function in society (Stedman, 1969). The main or central aspect that unites student is the transitory social condition of being a student. In other words, students are a social group who have a common function, role in society or social objective, which is “to study” something (Lewis, 2013; Simons and Masschelein, 2009). Student movements can be understood as a form of social movement (LuesherMamashela, 2015). They have an internal organization that varies from traditionally hierarchical structures, organizational schemes based on representative democracy with charismatic leadership, to horizontal forms of decision-making (Altbach, 1966; Lipset, 1969). As many other movements, student movements have standing claims, organize different type of actions, tactics or repertoires of contention, 3 and they advocate for political, social or/and educational agendas, programs or pleas.

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