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Summary

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1 +I reserve the right to read anything off of my teammates' wikis.
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1 +1AC – Default UT
2 +ROB
3 +The role of the ballot is to evaluate the simulated consequences of the aff world through a policymaking paradigm. You can weigh the SQUO or a competitive policymaking paradigm against the aff. Prefer:
4 +1. Fairness.
5 +A. Anything moots 6 minutes of 1ac offense – forces 1ar restart. They get a 13-7 minute advantage which means we have worse discussion, even if the subject of discussion is slightly better. At the very worst that means I get to weigh the case to preserve my offense. B. Independently, there is a huge spectrum of political theories – the k can be the radical on both sides of the spectrum and multifunctional aff offense is insufficient to interact with everyone. Unfairness denies effective dialogue on kritikal issues which turns your impacts.
6 +Galloway 7 Ryan Galloway, Samford Comm prof, Contemporary Argumentation and Debate, Vol. 28, 2007
7 +Debate as a dialogue sets an argumentative table, where all parties receive a relatively fair opportunity to voice their position. Anything that fails to allow participants to have their position articulated denies one side of the argumentative table a fair hearing. The affirmative side is set by the topic and fairness requirements. While affirmative teams have recently resisted affirming the topic, in fact, the topic selection process is rigorous, taking the relative ground of each topic as its central point of departure. Setting the affirmative reciprocally sets the negative. The negative crafts approaches to the topic consistent with affirmative demands. The negative crafts disadvantages, counter-plans, and critical arguments premised on the arguments that the topic allows for the affirmative team. According to fairness norms, each side sits at a relatively balanced argumentative table. When one side takes more than its share, competitive equity suffers. However, it also undermines the respect due to the other involved in the dialogue. When one side excludes the other, it fundamentally denies the personhood of the other participant (Ehninger, 1970, p. 110). A pedagogy of debate as dialogue takes this respect as a fundamental component. A desire to be fair is a fundamental condition of a dialogue that takes the form of a demand for equality of voice. Far from being a banal request for links to a disadvantage, fairness is a demand for respect, a demand to be heard, a demand that a voice backed by literally months upon months of preparation, research, and critical thinking not be silenced. Affirmative cases that suspend basic fairness norms operate to exclude particular negative strategies. Unprepared, one side comes to the argumentative table unable to meaningfully participate in a dialogue. They are unable to “understand what ‘went on…’” and are left to the whims of time and power (Farrell, 1985, p. 114).
8 +2. The aff deploys the state to learn scenario planning- even if politics is bad, scenario analysis of politics is pedagogically valuable- it enhances creativity, deconstructs biases and teaches advocacy skills
9 +Barma et al 16 – (May 2016, Advance Publication Online on 11/6/15, Naazneen Barma, PhD in Political Science from UC-Berkeley, Assistant Professor of National Security Affairs at the Naval Postgraduate School, Brent Durbin, PhD in Political Science from UC-Berkeley, Professor of Government at Smith College, Eric Lorber, JD from UPenn and PhD in Political Science from Duke, Gibson, Dunn and Crutcher, Rachel Whitlark, PhD in Political Science from GWU, Post-Doctoral Research Fellow with the Project on Managing the Atom and International Security Program within the Belfer Center for Science and International Affairs at Harvard, “‘Imagine a World in Which’: Using Scenarios in Political Science,” International Studies Perspectives 17 (2), pp. 1-19, http://www.naazneenbarma.com/uploads/2/9/6/9/29695681/using_scenarios_in_political_science_isp_2015.pdf)
10 +What Are Scenarios and Why Use Them in Political Science? Scenario analysis is perceived most commonly as a technique for examining the robustness of strategy. It can immerse decision makers in future states that go beyond conventional extrapolations of current trends, preparing them to take advantage of unexpected opportunities and to protect themselves from adverse exogenous shocks. The global petroleum company Shell, a pioneer of the technique, characterizes scenario analysis as the art of considering “what if” questions about possible future worlds. Scenario analysis is thus typically seen as serving the purposes of corporate planning or as a policy tool to be used in combination with simulations of decision making. Yet scenario analysis is not inherently limited to these uses. This section provides a brief overview of the practice of scenario analysis and the motivations underpinning its uses. It then makes a case for the utility of the technique for political science scholarship and describes how the scenarios deployed at NEFPC were created. The Art of Scenario Analysis We characterize scenario analysis as the art of juxtaposing current trends in unexpected combinations in order to articulate surprising and yet plausible futures, often referred to as “alternative worlds.” Scenarios are thus explicitly not forecasts or projections based on linear extrapolations of contemporary patterns, and they are not hypothesis-based expert predictions. Nor should they be equated with simulations, which are best characterized as functional representations of real institutions or decision-making processes (Asal 2005). Instead, they are depictions of possible future states of the world, offered together with a narrative of the driving causal forces and potential exogenous shocks that could lead to those futures. Good scenarios thus rely on explicit causal propositions that, independent of one another, are plausible—yet, when combined, suggest surprising and sometimes controversial future worlds. For example, few predicted the dramatic fall in oil prices toward the end of 2014. Yet independent driving forces, such as the shale gas revolution in the United States, China’s slowing economic growth, and declining conflict in major Middle Eastern oil producers such as Libya, were all recognized secular trends that—combined with OPEC’s decision not to take concerted action as prices began to decline—came together in an unexpected way. While scenario analysis played a role in war gaming and strategic planning during the Cold War, the real antecedents of the contemporary practice are found in corporate futures studies of the late 1960s and early 1970s (Raskin et al. 2005). Scenario analysis was essentially initiated at Royal Dutch Shell in 1965, with the realization that the usual forecasting techniques and models were not capturing the rapidly changing environment in which the company operated (Wack 1985; Schwartz 1991). In particular, it had become evident that straight-line extrapolations of past global trends were inadequate for anticipating the evolving business environment. Shell-style scenario planning “helped break the habit, ingrained in most corporate planning, of assuming that the future will look much like the present” (Wilkinson and Kupers 2013, 4). Using scenario thinking, Shell anticipated the possibility of two Arab-induced oil shocks in the 1970s and hence was able to position itself for major disruptions in the global petroleum sector. Building on its corporate roots, scenario analysis has become a standard policymaking tool. For example, the Project on Forward Engagement advocates linking systematic foresight, which it defines as the disciplined analysis of alternative futures, to planning and feedback loops to better equip the United States to meet contemporary governance challenges (Fuerth 2011). Another prominent application of scenario thinking is found in the National Intelligence Council’s series of Global Trends reports, issued every four years to aid policymakers in anticipating and planning for future challenges. These reports present a handful of “alternative worlds” approximately twenty years into the future, carefully constructed on the basis of emerging global trends, risks, and opportunities, and intended to stimulate thinking about geopolitical change and its effects.4 As with corporate scenario analysis, the technique can be used in foreign policymaking for long-range general planning purposes as well as for anticipating and coping with more narrow and immediate challenges. An example of the latter is the German Marshall Fund’s EuroFutures project, which uses four scenarios to map the potential consequences of the Euro-area financial crisis (German Marshall Fund 2013). Several features make scenario analysis particularly useful for policymaking.5 Long-term global trends across a number of different realms—social, technological, environmental, economic, and political—combine in often-unexpected ways to produce unforeseen challenges. Yet the ability of decision makers to imagine, let alone prepare for, discontinuities in the policy realm is constrained by their existing mental models and maps. This limitation is exacerbated by well-known cognitive bias tendencies such as groupthink and confirmation bias (Jervis 1976; Janis 1982; Tetlock 2005). The power of scenarios lies in their ability to help individuals break out of conventional modes of thinking and analysis by introducing unusual combinations of trends and deliberate discontinuities in narratives about the future. Imagining alternative future worlds through a structured analytical process enables policymakers to envision and thereby adapt to something altogether different from the known present. Designing Scenarios for Political Science Inquiry The characteristics of scenario analysis that commend its use to policymakers also make it well suited to helping political scientists generate and develop policy-relevant research programs. Scenarios are essentially textured, plausible, and relevant stories that help us imagine how the future political-economic world could be different from the past in a manner that highlights policy challenges and opportunities. For example, terrorist organizations are a known threat that have captured the attention of the policy community, yet our responses to them tend to be linear and reactive. Scenarios that explore how seemingly unrelated vectors of change—the rise of a new peer competitor in the East that diverts strategic attention, volatile commodity prices that empower and disempower various state and nonstate actors in surprising ways, and the destabilizing effects of climate change or infectious disease pandemics—can be useful for illuminating the nature and limits of the terrorist threat in ways that may be missed by a narrower focus on recognized states and groups. By illuminating the potential strategic significance of specific and yet poorly understood opportunities and threats, scenario analysis helps to identify crucial gaps in our collective understanding of global politicaleconomic trends and dynamics. The notion of “exogeneity”—so prevalent in social science scholarship—applies to models of reality, not to reality itself. Very simply, scenario analysis can throw into sharp relief often-overlooked yet pressing questions in international affairs that demand focused investigation. Scenarios thus offer, in principle, an innovative tool for developing a political science research agenda. In practice, achieving this objective requires careful tailoring of the approach. The specific scenario analysis technique we outline below was designed and refined to provide a structured experiential process for generating problem-based research questions with contemporary international policy relevance.6 The first step in the process of creating the scenario set described here was to identify important causal forces in contemporary global affairs. Consensus was not the goal; on the contrary, some of these causal statements represented competing theories about global change (e.g., a resurgence of the nation-state vs. border-evading globalizing forces). A major principle underpinning the transformation of these causal drivers into possible future worlds was to “simplify, then exaggerate” them, before fleshing out the emerging story with more details.7 Thus, the contours of the future world were drawn first in the scenario, with details about the possible pathways to that point filled in second. It is entirely possible, indeed probable, that some of the causal claims that turned into parts of scenarios were exaggerated so much as to be implausible, and that an unavoidable degree of bias or our own form of groupthink went into construction of the scenarios. One of the great strengths of scenario analysis, however, is that the scenario discussions themselves, as described below, lay bare these especially implausible claims and systematic biases.8 An explicit methodological approach underlies the written scenarios themselves as well as the analytical process around them—that of case-centered, structured, focused comparison, intended especially to shed light on new causal mechanisms (George and Bennett 2005). The use of scenarios is similar to counterfactual analysis in that it modifies certain variables in a given situation in order to analyze the resulting effects (Fearon 1991). Whereas counterfactuals are traditionally retrospective in nature and explore events that did not actually occur in the context of known history, our scenarios are deliberately forward-looking and are designed to explore potential futures that could unfold. As such, counterfactual analysis is especially well suited to identifying how individual events might expand or shift the “funnel of choices” available to political actors and thus lead to different historical outcomes (Nye 2005, 68–69), while forward-looking scenario analysis can better illuminate surprising intersections and sociopolitical dynamics without the perceptual constraints imposed by fine-grained historical knowledge. We see scenarios as a complementary resource for exploring these dynamics in international affairs, rather than as a replacement for counterfactual analysis, historical case studies, or other methodological tools. In the scenario process developed for NEFPC, three distinct scenarios are employed, acting as cases for analytical comparison. Each scenario, as detailed below, includes a set of explicit “driving forces” which represent hypotheses about causal mechanisms worth investigating in evolving international affairs. The scenario analysis process itself employs templates (discussed further below) to serve as a graphical representation of a structured, focused investigation and thereby as the research tool for conducting case-centered comparative analysis (George and Bennett 2005). In essence, these templates articulate key observable implications within the alternative worlds of the scenarios and serve as a framework for capturing the data that emerge (King, Keohane, and Verba 1994). Finally, this structured, focused comparison serves as the basis for the cross-case session emerging from the scenario analysis that leads directly to the articulation of new research agendas. The scenario process described here has thus been carefully designed to offer some guidance to policy-oriented graduate students who are otherwise left to the relatively unstructured norms by which political science dissertation ideas are typically developed. The initial articulation of a dissertation project is generally an idiosyncratic and personal undertaking (Useem 1997; Rothman 2008), whereby students might choose topics based on their coursework, their own previous policy exposure, or the topics studied by their advisors. Research agendas are thus typically developed by looking for “puzzles” in existing research programs (Kuhn 1996). Doctoral students also, understandably, often choose topics that are particularly amenable to garnering research funding. Conventional grant programs typically base their funding priorities on extrapolations from what has been important in the recent past—leading to, for example, the prevalence of Japan and Soviet studies in the mid-1980s or terrorism studies in the 2000s—in the absence of any alternative method for identifying questions of likely future significance. The scenario approach to generating research ideas is grounded in the belief that these traditional approaches can be complemented by identifying questions likely to be of great empirical importance in the real world, even if these do not appear as puzzles in existing research programs or as clear extrapolations from past events. The scenarios analyzed at NEFPC envision alternative worlds that could develop in the medium (five to seven year) term and are designed to tease out issues scholars and policymakers may encounter in the relatively near future so that they can begin thinking critically about them now. This timeframe offers a period distant enough from the present as to avoid falling into current events analysis, but not so far into the future as to seem like science fiction. In imagining the worlds in which these scenarios might come to pass, participants learn strategies for avoiding failures of creativity and for overturning the assumptions that prevent scholars and analysts from anticipating and understanding the pivotal junctures that arise in international affairs.
11 +3. Heuristics.
12 +The 1AC acknowledges the state is bad in many ways. However, the aff uses state as heuristic which doesn’t affirm its legitimacy but allows enhanced governmental resistance.
13 +Zanotti 14 Dr. Laura Zanotti (Associate Professor of Political Science at Virginia Tech) “Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World” – Alternatives: Global, Local, Political – vol 38(4):p. 288-304,. A little unclear if this is late 2013 or early 2014 – The Stated “Version of Record” is Feb 20, 2014, but was originally published online on December 30th, 2013. Obtained via Sage Database
14 +By questioning substantialist representations of power and subjects, inquiries on the possibilities of political agency are reframed in a way that focuses on power and subjects’ relational character and the contingent processes of their (trans)formation in the context of agonic relations. Options for resistance to governmental scripts are not limited to ‘‘rejection,’’ ‘‘revolution,’’ or ‘‘dispossession’’ to regain a pristine ‘‘freedom from all constraints’’ or an immanent ideal social order. It is found instead in multifarious and contingent struggles that are constituted within the scripts of governmental rationalities and at the same time exceed and transform them. This approach questions oversimplifications of the complexities of liberal political rationalities and of their interactions with non-liberal political players and nurtures a radical skepticism about identifying universally good or bad actors or abstract solutions to political problems. International power interacts in complex ways with diverse political spaces and within these spaces it is appropriated, hybridized, redescribed, hijacked, and tinkered with. Governmentality as a heuristic focuses on performing complex diagnostics of events. It invites historically situated explorations and careful differentiations rather than overarching demonizations of ‘‘power,’’ romanticizations of the ‘‘rebel’’ or the ‘‘the local.’’ More broadly, theoretical formulations that conceive the subject in non-substantialist terms and focus on processes of subjectification, on the ambiguity of power discourses, and on hybridization as the terrain for political transformation, open ways for reconsidering political agency beyond the dichotomy of oppression/rebellion. These alternative formulations also foster an ethics of political engagement, to be continuously taken up through plural and uncertain practices, that demand continuous attention to ‘‘what happens’’ instead of fixations on ‘‘what ought to be.’’83 Such ethics of engagement would not await the revolution to come or hope for a pristine ‘‘freedom’’ to be regained. Instead, it would constantly attempt to twist the working of power by playing with whatever cards are available and would require intense processes of reflexivity on the consequences of political choices. To conclude with a famous phrase by Michel Foucault ‘‘my point is not that everything is bad, but that everything is dangerous, which is not exactly the same as bad. If everything is dangerous, then we always have something to do. So my position leads not to apathy but to hyper- and pessimistic activism.’’84
15 +Framework
16 +The standard is resisting material inequalities.
17 +Prefer:
18 +1. Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, “Ideal Theory” as Ideology, 2005
19 +“A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn’t have to worry about the actual. But even for mainstream ethics this wouldn’t work, since, of course, ought is supposed to implies can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could yone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what “model” or “ideal” means), the normative here has come is close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn’t this, on the face of it, just completely implausible?”
20 +Non-ideal theory necessitates consequentialism since instead of following rules that assume an already equal playing field, we take steps to correct the material injustice.
21 +
22 +2. Debate should deal with the real-world consequences of oppression.
23 +Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
24 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real world consequences of dialogue, thinking, and (personal) politics when addressing issues of racism, sexism, economic disparity, global conflicts, and death, many of the discussions concerning these ongoing challenges to humanity are fixed to a paradigm which sees the adjudication of material disparities and sociological realities as the conquest of one ideal theory “Ideal Theory as Ideology,” Charles Mills outlines the problem contemporary theoretical-performance styles in policy debate and value-weighing in Lincoln-Douglass are confronted with in their attempts to get at the concrete problems in our societies. At the outset, Mills concedes that “ideal theory applies to moral theory as a whole (at least to normative ethics as against metaethics); since ethics deals by definition with normative/prescriptive/evaluative issues, against factual/descriptive issues.” At the most general level, there is a conceptual chasm between what emerges as actual problems in the world (e.g.: racism, sexism, poverty, disease, etc.) and how we frame such problems theoretically—the assumptions and shared ideologies we depend upon for our problems to be heard and accepted as a worthy “problem” by an audience—is the most obvious call for an anti-ethical paradigm, since such a paradigm insists on the actual as the basis of what can be considered normatively. Mills, however, describes this chasm as a problem of an ideal-as-descriptive model which argues that for any actual-empirical-observable social phenomenon (P), an ideal of (P) is necessarily a representation of that phenomenon. In the idealization of a social phenomenon (P), one “necessarily has to abstract away from certain features” of (P) that is observed before abstraction occurs. ¶ This gap between what is actual (in the world), and what is represented by theories and politics of debaters proposed in rounds threatens any real discussions about the concrete nature of oppression and the racist economic structures which necessitate tangible policies and reorienting changes in our value orientations. As Mills states: “What distinguishes ideal theory is the reliance on idealization to the exclusion, or at least marginalization, of the actual,” so what we are seeking to resolve on the basis of “thought” is in fact incomplete, incorrect, or ultimately irrelevant to the actual problems which our “theories” seek to address. Our attempts to situate social disparity cannot simply appeal to the ontologization of social phenomenon—meaning we cannot suggest that the various complexities of social problems (which are constantly emerging and undisclosed beyond the effects we observe) are totalizable by any one set of theories within an ideological frame be it our most cherished notions of Afro-pessimism, feminism, Marxism, or the like. At best, theoretical endorsements make us aware of sets of actions to address ever developing problems in our empirical world, but even this awareness does not command us to only do X, but rather do X and the other ideas which compliment the material conditions addressed by the action X. As a whole, debate (policy and LD) neglects the need to do X in order to remedy our cast-away-ness among our ideological tendencies and politics. How then do we pull ourselves from this seeming ir-recoverability of thought in general and in our endorsement of socially actualizable values like that of the living wage? It is my position that Dr. Martin Luther King Jr.’s thinking about the need for a living wage was a unique, and remains an underappreciated, resource in our attempts to impose value reorientation (be it through critique or normative gestures) upon the actual world. In other words, King aims to we must reformulate the values which deny the legitimacy of the living wage, and those values predicated on the flawed views of the oppressed worker, Blacks, and the colonized (dignity, justice, fairness, rights, etc.) used to currently justify the living wages in under our contemporary moral parameters.
25 +3. The oppressed don’t care about the abstract- they want actual consequential change. Anything else is just a reflection of privilege.
26 +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
27 +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.
28 +Plan
29 +Resolved: The United States should limit qualified immunity for police officers by removing the “clearly established” element from the Qualified Immunity Doctrine as method to increase accountability for officers. I’m willing to clarify T interps in CX. Wright 15
30 + (Journalist and PHD in Law. "Want to Fight Police Misconduct? Reform Qualified Immunity." http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/)
31 +In order to truly hold police accountable for bad acts, civilians must be able to bring, and win, civil rights suits themselves — not rely on the Department of Justice, or special prosecutors, or civilian review boards to hold officers accountable. And in order to both bring and win civil rights suits, civilians need a level playing field in court. Right now, they don’t have one. Instead, police officers have recourse to the broad protections of the judicially established doctrine of qualified immunity. Under this doctrine, state actors are protected from suit even if they’ve violated the law by, say, using excessive force, or performing an unwarranted body cavity search — as long as their violation was not one of “clearly established law, of which a reasonable officer would be aware.” In other words, if there’s not already a case where a court has held that an officer’s identical or near-identical conduct rose to the level of a constitutional violation there’s a good chance that even an obviously malfeasant officer will avoid liability — will avoid accountability. To bring about true accountability and change police behavior, this needs to change. And change should begin with an act of Congress rolling back qualified immunity. Removing the “clearly established” element of qualified immunity would be a good start — after all, shouldn’t it be enough to deviate from a basic standard of care, to engage in conduct that a reasonable officer would know is illegal, without having to show that that conduct’s illegality has already been clearly established in the courts? That’s just a start. There are plenty of other reforms that could open up civil rights lawsuits and help ensure police accountability for bad conduct. Two posts (one, two) at Balkinization by City University of New York professor Lynda Dodd provide a good overview. Campaign Zero should consider adding civil rights litigation reform to its platform, our policymakers should consider making civil rights litigation more robust, and, if we want to see justice done, we should push to make it happen.
32 +Inherency
33 +The United States is a warzone—police murder thousands of black people a year—it’s try or die.
34 +Wong ’15 (Kathleen is a branded content staff writer at Mic, “10 Police Brutality Statistics That Are Absolutely Shocking,” Mic, 12/9, https://mic.com/articles/129981/10-police-brutality-statistics-that-are-absolutely-shocking#.HiJcAd5rQ) Bracketed for efficiency
35 +1. In May, the Washington Post analyzed the 385 fatal police shootings in the United States that had occurred so far in 2015. The Post noted its number, which came out to two officer-involved shooting deaths per day, was more than twice the rate that the government had recorded over the past decade. 2. That same report found blacks to be killed at three times the rate of whites or other minorities. 3. It also found that almost a quarter of those killed were identified as mentally ill by police or family members. 4. The youngest victims at the end of May, according to the Washington Post, were 16 years old (though at the time, nine ages were unknown). 5. Another Washington Post investigation from August found that black men — who constitute 6 of the nation's population — account for 40 of the 60 unarmed people who had been fatally shot by police by that time. 6. The Guardian's The Counted project, which crowdsources and reports on police deaths, analyzed the first half of 2015 to find that an average of three people were killed daily during the first half of 2015 that time. 7. Mapping Police Violence found that black people living in Oklahoma were six times more likely to be killed by police than in Georgia. 8. It also found 98 of these events did not end with an officer being charged with a crime. 9. A 2014 article by KQED found California to be the state with the most frequent occurrences of deadly officer-involved shootings, with 102 in 2011. 10. The Guardian also found that if this trend persists, the number of people killed by police will surpass 1,000 by the end of the year.
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40 +Advantage 1 is Police Brutality
41 +Qualified immunity destroys accountability for police officers-limitations are key. Bernick 15 Evan Bernick, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
42 +The sad fact is that it is often effectively impossible to hold police officers accountable for unconstitutional acts. That fact is attributable in large part to a potent well of unchecked power that many Americans have never heard of. You will not find it in the Constitution. You will not find it in any federal law. It is a judge-made doctrine, invented by the Supreme Court. It is called qualified immunity. And if those charged with enforcing the law are to be kept within the bounds of their rightful authority, it must be abolished. Section 1983, the federal law that allows citizens to sue for constitutional violations, is broad, unequivocal, and unambiguous. It says that “every person” who is acting “under color of” law who causes a “deprivation of any rights… secured by the Constitution and laws” “shall be liable to the party injured.” Section 1983 embodies a foundational principle of justice that resonates with Americans who have never heard of Marbury v. Madison: where there is a right, there is a remedy.But for decades, we have had rights without remedies. In the 1967 case of Pierson v. Ray, the Supreme Court held that police officers sued for constitutional violations can raise “qualified immunity” as a defense, and thereby escape paying out of their own pockets, even if they violated a person’s constitutional rights. This decision was unabashedly policy-oriented: it was thought that government officials would not vigorously fulfill their obligations if they could be held accountable for actions taken in good faith. Under current law, the general rule is that victims of rights violations pay the costs of their own injuries. In practice, qualified immunity provides a near-absolute defense to all but the most outrageous conduct. The Ninth Circuit has held that throwing a flash-bang grenade “blindly” into a house, injuring a toddler, isn’t outrageous enough. Just last year, in Plumhoff v. Rickard, the Supreme Court decided that firing 15 bullets at a motorist is a reasonable method to end the driver’s flight from the police. So much for “every person” “shall be liable.” Qualified immunity shields police misconduct not only from liability but also from meaningful judicial scrutiny. Private lawsuits are an essential tool in uncovering the truth about police misconduct. The discovery process can yield information that makes broader policy changes within police departments possible. At trial, judicial engagement — an impartial, evidence-based determination of the constitutionality of the officer’s actions — can take place.
43 +The plan solves- cases that the aff puts in court get interacted fairly and result in success while still protecting officers- no backlash.
44 +Sheng 11
45 +(Philip, B.A., Stanford University, John Arrillaga Scholar. An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cas-es Brought Under 42 U.S.C. § 1983 BYU Journal of Public Law 2011 The BYU Journal of Public Law 26 BYU J. Pub. L. 99)
46 +A better approach might be to eliminate qualified immunity altogether in excessive force cases; but rather than create a whole new test, the Court should remove the question of reasonableness from the jury and allow judges to decide whether the use of force was objectively reasonable. Under this approach, jury interaction would remain much the same, except that after all the facts are resolved, the judge would decide the ultimate constitutional question of reasonableness based on the jury's findings. While this would be a departure from settled practice, it appears to have an adequate basis in the law. For instance, trial court judges already decide the question of reasonableness on motions for summary judgment whenever facts are undisputed or viewed in the light most *109 favorable to the plaintiff. n83 Moreover, appellate judges routinely decide the question of reasonableness every time an excessive force case goes on appeal. n84 Judges are well-equipped, yet it seems odd that the constitutional question of reasonableness only goes to the judge when facts are not in dispute, but at all other times, is entrusted to the jury. It would perhaps make better sense to have the jury resolve the facts, and have the judge decide the question of reasonableness based on those facts. There are several benefits to this approach. First, it would eliminate the need for line drawing between Hope and Brosseau, and courts would not have to worry about clearly established law. Second, the Court could retreat from its "irreducibly murky" n85 distinction between Graham and Harlow. If applied judiciously, Graham alone provides law enforcement officers with adequate protection for reasonable mistakes. Third, even though they would be denied qualified immunity, law enforcement officers would benefit by having judges decide the constitutional question of reasonableness. Judges are in a better position to decide constitutional questions, having been trained in the law and having developed expertise through experience. This approach would also eliminate potential jury bias. While jury bias can cut both ways, n86 consider the case of Jared Massey, a YouTube sensation and public hero after being Tasered by a Utah Highway Patrol officer in 2007. n87 Despite an internal investigation clearing the officer, the state settled for $ 40,000 rather than risk a jury awarding more. n88 Fourth, the approach would serve the same purposes as qualified immunity by allowing claims to be decided early on summary judgment.
47 +
48 +And lawsuits deter brutality while indemnification is not guaranteed.
49 +Gilles ’01 (Mirriam, Assistant Professor, Cardozo Law School, “In Defense of making Government Pay: The Deterrent Effect of Constitutional Tort Remedies,” Georgia Law Review, Vol. 35, 2001.) OS bracketed for gender
50 +The question of whether constitutional tort remedies serve any deterrent effect is, I think, easily answered in the affirmative. No police officer wants to be sued, 2 particularly where there is no absolute guarantee that their his municipal employer will pay for their his defense and indemnify him for damages.3 Indeed, the substantive and procedural elements of the qualified immunity doctrine are largely premised on the undesirability of dragging public officials through a difficult legal process, taking their time and energies away from their official duties, and exposing them to potentially ruinous liability. 4 And even where officers are indemnified, it is reasonable to suppose that there are immense political costs (in the sense of everyday workplace politics) associated with a finding of liability and exposing the municipal employer to budgetary payouts. Common sense supports this view that constitutional damages deter police misconduct to some appreciable degree. Every day across the country, there are obviously situations in which officers are tempted to abuse a defenseless suspect in order to gain information during an interrogation, or for some other purpose. It would be foolhardy to assume that the knowledge that a suspect might sue for damages has no inhibitory effect.
51 +
52 +Independent of deterrence, lawsuits lead to political reform for the better. Schwartz 11
53 +Joanna Schwartz 11 (Professor of Law, UCLA School of Law.) "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841.
54 +The practices of the departments in my study are distinct in two significant ways from expectations about the uses of litigation data underlying theories of deterrence. Deterrence theorists generally expect that settlements and judgments – financial penalties – inspire performance improvement efforts. Yet the police departments in my study that gather and analyze litigation data do not focus solely – or even primarily – on settlements and judgments. Instead, they pay particular attention to the allegations of misconduct in claims and lawsuits when they are first filed, and the information developed during the course of litigation. To be sure, departments in my study also pay attention to the resolution of suits in various ways. The Los Angeles Sheriff’s Department tracks trends in settlements and judgments and has reviewed practices and units responsible for large payouts.115 And large settlements and judgments may focus attention on particular cases, particularly if they attract press or political attention.116 But the five departments in my study pay attention to lawsuits at the beginning and middle – as well as the end – of the litigation process. Second, deterrence theory expects that officials deciding which course of action to take weigh the costs of litigation against the benefits of the underlying conduct.117 Yet, the policies in place in the departments in my study do not facilitate this sort of weighing. Departments would not, for example, track lawsuits alleging chokeholds and then decide whether to retrain their officers about the impropriety of chokeholds based on the costs of these suits.118 Instead, departments in my study would use lawsuits, with other data, to identify chokeholds as behavior that triggered a concentration of suits, civilian complaints, and/or use of force reports. The department then would conduct an investigation and identify ways to address the underlying policy, training, or personnel problems.119 And when a department looks for trends in payouts, officials do not weigh those judgments and settlements against the costs of potential policy changes. Instead, the concentration of settlements and judgments is treated as an indication of an underlying problem that is then investigated and analyzed. By differentiating department practices from prevailing understandings of deterrence, I do not mean to suggest that these departments are immune to lawsuits’ deterrent effects. Indeed, the LASD’s elaborate efforts to track and reduce misconduct can be understood as a kind of end-product of deterrence. When the Board of Supervisors appointed the Kolts Commission to review LASD practices, they were motivated in part by a Los Angeles Times story that reported $32 million paid in settlements and judgments against the LASD over a five-year period.120 The Kolts Commission was instructed to find ways to reduce the costs of litigation against the department121 and a significant aim of Merrick Bobb’s reviews of the department remains to monitor the costs of lawsuits brought against the LASD.122 But the policies put in place by the Kolts Commission and Merrick Bobb reduce the costs of liability by understanding and addressing the underlying causes of police error and misconduct. And to achieve this understanding, the LASD and Bobb focus attention on the lessons that can be learned from lawsuits, regardless of an individual suit’s financial or political ramifications. The practices of departments in my study are more akin to those encouraged by those focused on the identification and reduction of error.
55 +Meta-studies prove that police accountability and legitimacy stops the culture of fear and spillovers to decrease overall violence.
56 +Mazerolle et al 13, Lorraine, Sarah Bennett, Jacqueline Davis, Elise Sargeant and Matthew Manning, 2013, Legitimacy in Policing: A Systematic Review, http://thecapartnership.org/cms/assets/uploads/2016/02/Mazerolle_Legitimacy_Review-1.pdf
57 +The systematic search found 163 studies that reported on police led interventions, and a final set of 30 studies contained data suitable for meta-analysis. The direct outcomes analyzed were legitimacy, procedural justice, and citizen cooperation/compliance and satisfaction/confidence in the police. In addition, an indirect outcome, reoffending, was also analyzed. The main finding of this review is that police interventions that comprised dialogue with a procedural justice component (or stated specifically that the intervention sought to increase legitimacy) did indeed enhance citizens’ views on the legitimacy of the police, with all direct outcomes apart from legitimacy itself being statistically significant. Our review shows that by police adopting procedurally just dialogue, they can use a variety of interventions to enhance legitimacy, (and) reduce reoffending, and promote citizen satisfaction, confidence, compliance and cooperation with the police.
58 +
59 +Case studies prove that litigation spurs legislation for positive policy reform, win or lose.
60 +Richard A. L. Gambitta, Chair of the Political Science and Geography Department, University of Texas-San Antonio, GOVERNING THROUGH THE COURTS, ed. Gambitta, May, and Foster, 1981, p. 275-276.
61 +
62 +Similar to the aftermath of the “winning” litigation in Serrano and Robinson, the losing litigation in Rodriguez was followed by positive, though limited, policy reform and relative equalization. How did the Rodriguez litigaton contribute to the policy reform and expenditure change? I suggest, in ways similar to Serrano and Robinson. The litigation process performed a legislative agenda-setting function. All three cases contributed to setting a legislative agenda that otherwise would not have 276 transpired. Additionally, the litigation processes bolstered the political positions of the advocates of change, though the policy outcomes were tempered by, as they are always subject to and at least partially determined by, the inherent compromises of the majoritarian processes and institutions (Casper, 1972; Clune, 1979; Horowitz, 1977; Lehn, 1978; Scheingold, 1974).
63 +
64 +Advantage 2 – Human Rights
65 +Qualified immunity leads to circumvention of rights and propagates police brutality – plan solves this.
66 +Johnson 15 – Tabitha Johnson, : 2015(“QUALIFIED IMMUNITY OR JUSTIFIED BRUTALITY?: AN EXAMINATION OF THE QUALIFIED IMMUNITY DOCTRINE IN PETERSON V. KOPP” Tennessee Journal of Race, Gender, and Social Justice, Vol. 4:2 p.265-267)
67 +The Eighth Circuit then addressed Peterson’s excessive force claim.43 During his arrest, Peterson contended that Kopp used excessive force, thus violating Peterson’s Fourth Amendment right “to be free from unreasonable seizures.”44 In determining whether Kopp used excessive force in Peterson’s arrest, the court used an “objective reasonableness” test.45 The Eighth Circuit explained that this test took into account that an officer’s actions “must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”46 In determining whether an officer’s actions in pursuing an arrest were reasonable, the Eighth Circuit evaluated “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.”47 The court concluded that Peterson’s purported crime was not severe, he was not posing a threat to others, nor was he fleeing.48 As Peterson’s disobedience was passive and non-threatening to others, Kopp’s infliction of physical force onto Peterson was deemed excessive.49 While Kopp’s arrest failed the excessive force test, the Eighth Circuit held that Kopp was entitled to qualified immunity because Peterson’s injuries sustained from the altercation with Kopp were de minimis.50 The injuries were de minimis because Peterson “did not seek medical care and his injuries resolved themselves without medical intervention.”51 To support its conclusion, the court provided a wealth of similar cases for comparison.52 The court further noted that a recent decision changed the law regarding the applicability of qualified immunity for de minimis injuries; however, the court also clarified that it rendered the ruling after the altercation between Kopp and Peterson.53 Therefore, Kopp was reasonable in assuming that, as long as the injuries he inflicted upon Peterson were de minimis, he would remain entitled to qualified immunity as his actions were “constitutionally permissible” at the time.54 Lastly, the Eighth Circuit addressed Peterson’s two retaliation claims.55 Peterson alleged that Kopp both pepper sprayed and arrested him for participating in a constitutionally protected activity.56 In determining whether Kopp acted in retaliation, the court determined that Peterson must show that “he engaged in a protected activity,” that “the government official took adverse action against him that would chill a person of ordinary firmness from continuing in the activity,” and that “the adverse action was motivated at least in part by the exercise of the protected activity.”57 The Eighth Circuit consolidated the three prongs of the test by stating that a plaintiff need only show that “he was ‘singled out because of his exercise of constitutional rights’” in order to prevail on a retaliation claim.58 The court further implemented a fourth prong to this traditional test.59 To satisfy the test, Peterson would also need to prove a “lack of probable cause or a lack of arguable probable cause.”60 The Eighth Circuit first applied the aforementioned test to Peterson’s claim of retaliatory arrest.61 In applying this four-prong test, the Eighth Circuit held that “Kopp was entitled to qualified immunity on Peterson’s retaliatory arrest claim because, as detailed above, Kopp had at least arguable probable cause for the arrest,” as exemplified through his actions prior to his arrest.62 The Eighth Circuit then evaluated Peterson’s claim of being pepper sprayed out of retaliation.63 The court determined that Peterson presented enough evidence to prove that Kopp pepper sprayed him out of retaliation. 64 In reaching its conclusion, the Eighth Circuit noted that it was significant to Peterson’s contention that, shortly before being pepper sprayed, Peterson demanded Kopp’s badge number.65 This—along with Kopp’s outright refusal to provide Peterson with the requested information—justified the court’s decision to remand the issue.66 The court ultimately held that “a reasonable jury could conclude . . . that Kopp pepper sprayed Peterson in retaliation for asking for his badge number, and Peterson’s First Amendment right was clearly established at the time of the incident.”67 For these reasons, the Eighth Circuit remanded the retaliatory force claim for further review. IV. CONCLUSION Despite its arrival during a tumultuous era for civilian rights, Peterson does not stray from the majority of its precedents regarding the evaluation of qualified immunity. Peterson’s claims of wrongful arrest, retaliatory arrest, and excessive force all proved futile under the Eighth Circuit’s application of qualified immunity, while Peterson’s claim of retaliatory force has been remanded for further examination. It is clear from the holdings in Peterson that the doctrine of qualified immunity still reigns supreme in cases of purported police brutality. Unless there is a reevaluation of the doctrine on a fundamental and moral level, Peterson will provide precedent for further police brutality cases.
68 +
69 +
70 +UN condemns US for allowing Extreme Human Rights Violation on people of color, by the police.
71 +By Jamil Dakwar, Director, ACLU Human Rights Program
72 +MAY 15, 2015 | 4:30 PM
73 +
74 +The U.N. Human Rights Council adopted a scathing report today, consisting of 348 recommendations that address myriad human rights violations in the United States. The report came out as a part of a mechanism called the Universal Periodic Review (UPR), which examines the human rights record of all U.N. member states. The council questioned the United States on its record earlier this week. Although many of these recommendations in the report are redundant or too general to offer tangible solutions to the human rights situation in the U.S., they echo many of the concerns raised by U.S. civil society groups like the ACLU, who attended the review and offered concrete recommendations to reverse policies that are inconsistent with international human rights principles. For example, the report adopted a recommendation made by Sweden to "halt the detention of immigrant families and children, seek alternatives to detention and end use of detention for reason of deterrence." The report also adopted several recommendations calling on the Obama administration to independently investigate allegations of torture documented in the recent Senate torture report and provide reparations to victims. Denmark, for instance, recommended that the United States "further ensure that all victims of torture and ill-treatment — whether still in US custody or not — obtain redress and have an enforceable right to fair and adequate compensation and as full rehabilitation as possible, including medical and psychological assistance." In addition, the report included many fitting recommendations to address police brutality and excessive use of force as well as (and) ending racial profiling against minorities and immigrants. Mexico recommended that the U.S. "adopt measures at the federal level to prevent and punish excessive use of force by law enforcement officials against members of ethnic and racial minorities, including unarmed persons, which disproportionately affect Afro American and undocumented migrants." Ireland, for its part, directly touched on the broken trust between American law enforcement and communities of color and recommended that the U.S. "continue to vigorously investigate recent cases of alleged police-led human rights abuses against African-Americans and seek to build improved relations and trust between U.S. law enforcement and all communities around the U.S." While in some areas, like LGBT rights and freedom of speech, the United States' human rights record fares far better than other parts of the world, in many areas — including national security, criminal justice, social and economic rights, and immigration policy — the U.S. has an abysmal record compared to other liberal democracies. This report sends a strong message of no-confidence in the U.S. human rights record. It clearly demonstrates that the United States has a long way to go to live up to its human rights obligations and commitments. This will be the last major human rights review for the Obama administration, and it offers a critical opportunity to shape the president's human rights legacy, especially in the areas of racial justice, national security, and immigrants' rights. The Obama administration has until September to respond to the 348 recommendations. At that time, the administration will make a direct commitment to the world by deciding which of the 348 will be accepted and implemented over the next four years, and which will be rejected. While many of the recommendations fall outside the constitutional powers of the executive branch — such as treaty ratification and legislative actions on the national, state, and local levels — the Obama administration should use its executive powers to their fullest extent to effectuate U.S. human rights obligations. The U.S. record for implementing U.N. recommendations has thus far been very disappointing, but if President Obama really cares about his human rights legacy, he should direct his administration to adopt a plan of action with concrete benchmarks and effective implementation mechanisms that will ensure that the U.S. indeed learns from its shortcomings and genuinely seeks to create a more perfect union. The world will be watching.
75 +
76 +
77 +US acts as a beacon around the world, allowing systematic unjust actions harms Human Rights globally
78 +Lorna Byrne (3) Author, #1 International bestsellers,”Love From Heaven and ‘A Message of Hope from the Angels’
79 + The Huffington Post
80 +11/06/2012 02:31 pm ET | Updated Jan 06, 2013
81 +
82 +I don’t think most Americans realize how important they are to the world.
83 +America is meant to be a major force for good in our world. America does lots of good things now, but when America starts to show it’s true character and does the (do) right thing even more often, it will truly shine as a beacon of hope for the world.
84 +I was about 12 when I learned about the importance of America.
85 +I have been seeing angels since I was a baby. I see them physically as I see someone sitting in front of me. This may sound very strange, even crazy to you, but to me it’s natural. I have no idea why I am able to see angels and you aren’t. I’m just an ordinary person. I kept quiet about what I was seeing and told nobody, not even my family, until I was in my 50s. It was then that God and the angels told me I was to write and tell about what I had been, and was, seeing.
86 +Every so often as a child I would see a particular type of angel standing beside a person. This type of angel looked different to other angels I saw. They were enormous and had a very powerful and strong masculine appearance and seemed to be dressed like a soldier, in silver coloured armour that covered their legs and their chests. On the chests there was a crest.
87 +When I was about 12, I was told that these were these were American gathering angels, a powerful force of angels that have been created by God to gather people of all nationalities and all religions and bring them to America. I was also told that no other country or place had gathering angels.
88 +The American gathering angels were created, I was told, because America ha(s)d a special role to play in the evolution of the world. I was told that it is from America that, what is essentially an evolved mankind, a new race will come, and it will spread throughout the world.
89 +I have asked how the American gathering angels know who to gather. I haven’t been given a full answer but I have been told that it doesn’t mean that those gathered are more gifted or more special than people in other parts of the world. When I have talked about the American gathering angels some people who are not American have been offended because they were not chosen. I tell them neither was I!
90 +This is not about American superiority or domination; it is about America being the cradle for an evolved human race.
91 +Each time I come to America I feel how different America is to the rest of the world. To me it’s as if America is more vibrant and alive. The difference comes from the American people. They seem to me to be more energized, as if they have a stronger desire to live life to the fullest. God and the angels tell me that Americans are more open spiritually than other nationalities; that they listen more and are more responsive. I am told they are less afraid of the spiritual side of themselves, or those around them.
92 +It’s as if Americans are more creative and open in looking to the future; they are not struck in the past or afraid of failure. Americans, I am told, are more determined than other nationalities to create a better future for themselves, their families and the world.
93 +America is meant to have influence in the world. But it needs to earn the respect of the world by doing the right things — both at home and abroad. America does much that is good but at the moment America is not doing the right thing often enough.
94 +At home, within America, a society has been created that is still, too frequently, deeply unequal and unjust.
95 +Too much of the time America’s influence abroad is tainted by interests to do with power or money. America has a vital role in creating a peaceful world but to play this role they need to care about the rest of the world and not just their own patch. This is about world peace not about American dominance.
96 +Doing the right thing will take tremendous courage from America’s leaders — whoever they may be. It involves vision and taking risks that more cautious advisors might counsel against. It demands leadership.
97 +America is the gateway to humanity’s future, it is where the choices that will determine mankind’s future will be made. It is a beacon of hope for the world.
98 +America needs to show its true character and when it does this it will speed up the process of evolution, which will make our world a better place.
99 +
100 +
101 +US leadership is key to the UN’s worldwide success in human rights
102 +Lagon 5/17
103 +Mark P. Lagon, Centennial Fellow and Distinguished Senior Scholar in the Walsh School of Foreign Service, Georgetown University: May 17, 2016(“A GLASS HALF FULL: WHY THE U.S. NEEDS TO BE ON THE U.N. HUMAN RIGHTS COUNCIL” Freedom House Available at https://freedomhouse.org/article/glass-half-full-why-us-needs-be-un-human-rights-council )
104 +Active membership in the Council by the U.S. has contributed to successes. A resolution and rapporteur on Belarus were restored. Moreover, I would never have thought ten years ago that a resolution devoted to Iran could be passed not only in New York but in Geneva. The Human Rights Council resolution does not yet enumerate Iran’s human rights violations chapter and verse – as it should. But it has sustained a Special Rapporteur when the international community (and candidly the United States) have let nuclear nonproliferation be a pretext for deprioritizing human rights in that country – both before and after a nuclear deal with Tehran. Despite fears to the contrary, the Council once again extended the Iran mandate on March 23, 2016 by a 5 vote margin. Today, the Council and the current Iran resolution remain important vehicles for the world to increase pressure on Iran to improve its human rights record. While the Security Council has been all too inert on the atrocities of Assad in Syria, allowing ISIS to grow as a second source of atrocities, the Human Rights Council has repeatedly devoted its attention to those calamities. On August 22, 2011, the Council established a Commission of Inquiry on Syria which found that the Syrian government is responsible for violations that amount to crimes against humanity. Since then, the UNHRC has held over 20 sessions on Syria and adopted no less than 17 resolutions. The Human Rights Council was pretty feckless in calling attention to human rights abuses in Sri Lanka in the period when the United States refused to run to be a Member. After the United States got on, there was a pronounced shift in the substance of resolutions adopted on Sri Lanka, making clear the international community’s demand for accountability for mass atrocities committed during the civil war. Sri Lanka is making some progress. It is one ray of hope in Freedom House’s Freedom of the World survey, which shows ten straight years of a global recession of democracy, notably in freedom of expression, freedom of association, and rule of law. Most striking was the Commission of Inquiry launched by the Council to investigate North Korea’s atrocities. No single multilateral mandate or report on human rights has changed the terms of debate on a neglected human rights issue than this Commission headed by Australian jurist Michael Kirby. No mandate devoted to atrocities-level abuse has treated a case where open warfare has not existed for decades. And yet, so powerful were the Commission’s findings that China and Russia could not block North Korea’s human rights situation from being added to the U.N. Security Council’s standing agenda. Less striking, but highly important, was action on Eritrea – a country all but forgotten, and of little strategic importance, yet so repressive that in 2014, some 6 percent of its population fled to seek asylum. In July 2012, the Council appointed a Special Rapporteur to shine a light onto widespread human rights violations. On June 27, 2014, the Council established a Commission of Inquiry to investigate these gross and systematic abuses, with a particular focus on documenting crimes against humanity. The United States helped make the numerous Council assessments of Israel’s conduct in Gaza and in the humanitarian flotilla controversy fairer. The United States may not fix the quantitative volume and qualitative tilt of the Council’s treatment of Israel, but its presence has been helpful. And at a minimum, the United States using its voice and vote means that excessive criticism of Israel is not answered with silence. THEMATIC WORK In a second area, the thematic work of the Human Rights Council has improved, and been ameliorated by U.S. leadership. Let’s take a few examples. First, the United States helped turn around a perverse set of resolutions on defamation of religion which gave states in Islamic-majority nations cover in order to use blasphemy laws to sideline and repress freedom of religion and of expression in the name of anti-defamation. Those resolutions always have represented a latent threat for creation of a broader UN Declaration or Convention codifying their pernicious provisions. In 2011, the United States, working with a cross-regional group of partners, engaged the Organization of Islamic Cooperation to end-run intransigent, longstanding ambassadors in Geneva. The result was a new consensus framework on combatting religious intolerance, resting on the pillars of defending freedom of expression and veritable freedom of all religions. That victory is precarious and is already vulnerable. As the single most pronounced voice for freedom of conscience and expression in the international community, the U.S. should be on the Council.i Second, a much-needed mandate was created for Freedom of Assembly and Association, in large part because of U.S. leadership. At a time when autocracies and ostensible democracies worldwide are squeezing civil society groups and demonizing them for getting international advice and backing, this mandate is essential. We know the Rapporteur well. Kenyan Maina Kiai happens to have won the Freedom Award at the annual dinner where I was named to become Freedom House’s President. As Special Rapporteur, he embodies the UN’s thematic work on human rights at its most energetic and effective. I have said in my book Human Dignity and the Future of Global Institutions that multilateral measures on economic and social aspirations are not inherently less important than the political and civil liberties Freedom House champions. Yet the Human Rights Council does dignify a number of matters that no serious person could claim are really human rights. The number of mandates for economic, social, and cultural rights have grown, even while the U.S. has been on the Council as a voice of reason. Without the U.S. there, there would be even more silly mandates, like treating the real problem of toxic waste as a human rights matter. And those efforts which have proven constructive, like the Council resolution on business and human rights springing from the work of John Ruggie as Special Representative, would be in danger of being taken in the wrong direction, which bears watching as Ecuador and others seek a related treaty. UNIVERSAL PERIODIC REVIEW A third area relates to peer review. The most distinctive innovation of the negotiation I took part in to create the Council is the Universal Periodic Review (UPR). It meant all nations, including some heinous, human rights-abusing states managing to get on the Council would be subject to regular scrutiny. Some of us feared the UPR would be a pretext for winnowing the number of country-specific resolutions and rapporteurs, but they have been sustained, especially when the U.S. has been a Council Member. The UPR gives an opportunity for civil society groups to shine a light of accountability on their states. The largest part of Freedom House’s work, our true comparative advantage, is capacity-building and emergency assistance to civil society organizations in all regions of the world. We see how the UPR helps our local civil society partners assert their voice in an organized, focused and coordinated manner, which is why we support these frontline activists to engage directly in the UPR process, including appearing in Geneva and producing shadow reports. At its best, governments are adopting the practice of formally consulting with civil society, a good example being Mali, where the government arranged meetings between ministerial departments and representatives of civil society, and where the Ministry of Justice established a working group to prepare the UPR report. In more restrictive environments, civil society and even the media have the option of discussing UPR recommendations at one step removed: rather than themselves raising issues directly, they can report on recommendations raised by the international community. According to a 2014 report of the civil society organization UPR Info, 48 percent of UPR recommendations triggered action (partially or fully implemented) within two and a half years, and 19 percent of recommendations that were not accepted but merely “noted” still resulted in action. The UPR is not an unvarnished success.ii It offers an opportunity to raise human rights issues in any nation every four years, makes recommendations to states, and those states in turn make commitments to address some of the recommendations. Yet in a decade, with nations now getting repeatedly assessed, it is not clear to me that there is sufficient onus on states to live up to even the recommendations they agree to meet, much less those they do not. This is one reason Freedom House helps civil society actors, like some from Venezuela, to present their case to the expert bodies assigned to assess how much parties to UN human rights conventions fulfill their commitments, because these treaty bodies have more impact than the UPR. The United States is empirically the most vocal participant in the UPR dialogue with states under examination. The UPR will be stronger over time for U.S. involvement in the Council.
105 +
106 +
107 +Improving UN rights and preventing violations helps billions materially across the globe.
108 +CFR 13 - Council on Foreign Relations: June 19, 2013 (“The Global Human Rights Regime” From the multimedia Global Governance Monitor of the International Institutions and Global Governance program Available at http://www.cfr.org/human-rights/global-human-rights-regime/p27450#p1)
109 +Although the concept of human rights is abstract, how it is applied has a direct and enormous impact on daily life worldwide. Millions have suffered crimes against humanity. Millions more toil in bonded labor. In the last decade alone, authoritarian rule has denied civil and political liberties to billions. The idea of human rights has a long history, but only in the past century has the international community sought to galvanize a regime to promote and guard them. Particularly, since the United Nations (UN) was established in 1945, world leaders have cooperated to codify human rights in a universally recognized regime of treaties, institutions, and norms. An elaborate global system is being developed. Governments are striving to promote human rights domestically and abroad, and are partnering with multilateral institutions to do so. A particularly dynamic and decentralized network of civil-society actors is also involved in the effort. Together, these players have achieved marked success, though the institutionalization and implementation of different rights is progressing at varying rates. Response to mass atrocities has seen the greatest progress, even if enforcement remains inconsistent. The imperative to provide people with adequate public health care is strongly embedded across the globe, and substantial resources have been devoted to the challenge. The right to freedom from slavery and forced labor has also been integrated into international and national institutions, and has benefited from high-profile pressure to combat forced labor. Finally, the steady accumulation of human-rights-related conventions has encouraged most states to do more to implement binding legislation in their constitutions and statutes.
110 +
111 +
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113 +
114 +Underview
115 +1. 1AR theory is legitimate and no neg RVI a) it would be impossible to check NC abuse since the 6 min NR could go all in on theory, disincentivizing 1AR theory. b) I solve reciprocity – neg has exclusive access to T so if they also got rvi’s there could never be reciprocity.
116 +
117 +2. Aff theory is a reason to drop the debater because a) the time crunched 1ar is insufficient to win both theory and substance, so aff has no ability to check abuse leading to infinite harm, and b) the 2nr can collapse on aff theory making it impossible for the aff to cover all of the arguments in the three minute 2ar if they split their time with substance and theory
118 +
119 +3. Prefer reasonable aff interps and drop the argument on T. The judge should use reasonability with a bright line of the presence of link and impact turn ground for the negative. Since he has equal access to offense, there’s no abuse because structural access to the ballot is the same.
120 +
121 +4. Grant me perms on any kritik that is not competitive with my advocacy statement such as reps K’s:
122 +A. Key to actually comparing worlds—our division of ground ensures there is actually a debate where we compare worlds because the advocacies are resolutionally competitive, which forces debaters to make arguments in favor of their side of the debate. Any other model allows NEGs to advocate alternatives that do not inherently compete with the resolution, which decreases our ability to compare advocacies because debaters go into the round with the resolution as the only common ground.
123 +B. Engagement—AFFs can only be expected to prepare against advocacies that compete with their advocacy, not advocacies that only compete with arguments in the AFF because arguments are only a way to advance the advocacy, not the advocacy itself. I.E. The discourse I use for my plan is part of how I advocate for my advocacy, but it is not my advocacy itself. A criticism on my discourse proves we reject the discourse, not the aff for discourse that does not compete with the advocacy. This means only our type of ground centers the debate over competitive advocacies that both debaters can reasonable engage with which links turns any NEG offense since none of their impacts matter if AFFs can’t engage in their model of debate.
124 +
125 +5. K’s of the state are totally irrelevant to the resolution and should be rejected- the resolution is a question of state obligations, so even if the state is bad, that’s not a reason they don’t have an obligation to take an action. For example, saying Joe is a murderer in response to the point that it would be good if Joe saved Tommy’s cat is non-responsive to whether or not the obligation exists.
126 +
127 +
128 +More Cards
129 +The state is inevitable- policymaking is the only way to create change.
130 +Coverstone 5 Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) “Acting on Activism: Realizing the Vision of Debate with Pro-social Impact” Paper presented at the National Communication Association Annual Conference November 17th 2005 Powerful personal narratives unconnected to political power are regularly co-opted by those who do learn the language of power. One need look no further than the annual state of the Union Address where personal story after personal story is used to support the political agenda of those in power. The so-called role-playing that public policy contest debates encourage promotes active learning of the vocabulary and levers of power in America. Imagining the ability to use our own arguments to influence government action is one of the great virtues of academic debate. Gerald Graff (2003) analyzed the decline of argumentation in academic discourse and found a source of student antipathy to public argument in an interesting place. I’m up against…their aversion to the role of public spokesperson that formal writing presupposes. It’s as if such students can’t imagine any rewards for being a public actor or even imagining themselves in such a role. This lack of interest in the public sphere may in turn reflect a loss of confidence in the possibility that the arguments we make in public will have an effect on the world. Today’s students’ lack of faith in the power of persuasion reflects the waning of the ideal of civic participation that led educators for centuries to place rhetorical and argumentative training at the center of the school and college curriculum. (Graff, 2003, p. 57) The power to imagine public advocacy that actually makes a difference is one of the great virtues of the traditional notion of fiat that critics deride as mere simulation. Simulation of success in the public realm is far more empowering to students than completely abandoning all notions of personal power in the face of governmental hegemony by teaching students that “nothing they can do in a contest debate can ever make any difference in public policy.” Contest debating is well suited to rewarding public activism if it stops accepting as an article of faith that personal agency is somehow undermined by the so-called role playing in debate. Debate is role-playing whether we imagine government action or imagine individual action. Imagining myself starting a socialist revolution in America is no less of a fantasy than imagining myself making a difference on Capitol Hill. Furthermore, both fantasies influenced my personal and political development virtually ensuring a life of active, pro-social, political participation. Neither fantasy reduced the likelihood that I would spend my life trying to make the difference I imagined. One fantasy actually does make a greater difference: the one that speaks the language of political power. The other fantasy disables action by making one a laughingstock to those who wield the language of power. Fantasy motivates and role-playing trains through visualization. Until we can imagine it, we cannot really do it. Role-playing without question teaches students to be comfortable with the language of power, and that language paves the way for genuine and effective political activism. Debates over the relative efficacy of political strategies for pro-social change must confront governmental power at some point.
131 +
132 +Legal debates are key to short-term survival of oppressed populations. Whether the law is good or bad, legal education is crucial to empowerment.
133 +Arkles et al 10 (Gabriel Arkles, Pooja Gehi and Elana Redfield, The Role of Lawyers in Trans Liberation: Building a Transformative Movement for Social Change, Seattle Journal for Social Justice, 8 Seattle J. Soc. Just. 579, Spring / Summer, 2010)
134 +While agenda-setting by lawyers can lead to the replication of patterns of elitism and the reinforcement of systems of oppression, we do believe that legal work is a necessary and critical way to support movements for social justice. We must recognize the limitations of the legal system and learn to use that to the advantage of the oppressed. If lawyers are going to support work that dismantles oppressive structures, we must radically rethink the roles we can play in building and supporting these movements and acknowledge that our own individual interests or even livelihood may conflict with doing radical and transformative work. n162 A. Community Organizing for Social Justice When we use the term community organizing or organizing, we refer to the activities of organizations engaging in base-building and leadership development of communities directly impacted by one or more social *612 problems and conducting direct action issue campaigns intended to make positive change related to the problem(s). In this article, we discuss community organizing in the context of progressive social change, but community-organizing strategies can also be used for conservative ends. Community organizing is a powerful means to make social change. A basic premise of organizing is that inappropriate imbalances of power in society are a central component of social injustice. In order to have social justice, power relationships must shift. In Organizing for Social Change: Midwest Academy Manual for Activists (hereinafter, "the Manual"), n163 the authors list three principles of community organizing: n164 (1) winning real, immediate, concrete improvements in people's lives; (2) giving people a sense of their own power; and (3) altering the relations of power. n165 Before any of these principles can be achieved it is necessary to have leadership by the people impacted by social problems. n166 As Rinku Sen points out: Even allies working in solidarity with affected groups cannot rival the clarity and power of the people who have the most to gain and the least to lose . . . organizations composed of people whose lives will change when a new policy is instituted tend to set goals that are harder to reach, to compromise less, and to stick out a fight longer. n167 She also notes that, "If we are to make policy proposals that are grounded in reality and would make a difference either in peoples' lives or in the debate, then we have to be in touch with the people who are at the center of such policies. n168 We believe community organizing has the potential to make fundamental social change that law reform strategies or "movements" led by lawyers cannot achieve on their own. However, community organizing is not always just and effective. Community-organizing groups are not immune to any number of problems that can impact other organizations, including internal oppressive dynamics. In fact, some strains of white, male-dominated *613 community organizing have been widely criticized as perpetuating racism and sexism. n169 Nonetheless, models of community organizing, particularly as revised by women of color and other leaders from marginalized groups, have much greater potential to address fundamental imbalances of power than law reform strategies. They also have a remarkable record of successes. Tools from community organizers can help show where other strategies can fit into a framework for social change. The authors of the Manual, for example, describe various strategies for addressing social issues and illustrate how each of them may, at least to some extent, be effective. n170 They then plot out various forms of making social change on a continuum in terms of their positioning with regard to existing social power relationships. n171 They place direct services at the end of the spectrum that is most accepting of existing power relationships and community organizing at the end of the spectrum that most challenges existing power relationships. n172 Advocacy organizations are listed in the middle, closer to community organizing than direct services. n173 The Four Pillars of Social Justice Infrastructure model, a tool of the Miami Workers Center, is somewhat more nuanced than the Manual. n174 According to this model, four "pillars" are the key to transformative social justice. n175 They are (1) the pillar of service, which addresses community needs and stabilizes community members' lives; (2) the pillar of policy, which changes policies and institutions and achieves concrete gains with benchmarks for progress; (3) the pillar of consciousness, which alters public opinion and shifts political parameters through media advocacy and popular education; and (4) the pillar of power, which achieves autonomous community power through base-building and leadership development. n176 According to the Miami Workers Center, all of these pillars are essential in making social change, but the pillar of power is most crucial in the struggle to win true liberation for all oppressed communities. n177 *614 In their estimation, our movements suffer when the pillar of power is forgotten and/or not supported by the other pillars, or when the pillars are seen as separate and independent, rather than as interconnected, indispensable aspects of the whole infrastructure that is necessary to build a just society. n178 Organizations with whom we work are generally dedicated solely to providing services, changing policies, or providing public education. Unfortunately, each of these endeavors exists separate from one another and perhaps most notably, separate from community organizing. In SRLP's vision of change, this separation is part of maintaining structural capitalism that seeks to maintain imbalances of power in our society. Without incorporating the pillar of power, service provision, policy change, and public education can never move towards real social justice. n179 B. Lawyering for Empowerment In the past few decades, a number of alternative theories have emerged that help lawyers find a place in social movements that do not replicate oppression. n180 Some of the most well-known iterations of this theme are "empowerment lawyering," "rebellious lawyering," and "community lawyering." n181 These perspectives share skepticism of the efficacy of impact litigation and traditional direct services for improving the conditions faced by poor clients and communities of color, because they do not and cannot effectively address the roots of these forms of oppression. n182 Rather, these alternative visions of lawyering center on the empowerment of community members and organizations, the elimination of the potential for dependency on lawyers and the legal system, and the collaboration between lawyers and directly impacted communities in priority setting. n183 Of the many models of alternative lawyering with the goal of social justice, we will focus on the idea of "lawyering for empowerment," generally. The goal of empowerment lawyering is to enable a group of people to gain control of the forces that affect their lives. n184 Therefore, the goal of empowerment lawyering for low-income transgender people of *615 color is to support these communities in confronting the economic and social policies that limit their life chances. Rather than merely representing poor people in court and increasing access to services, the role of the community or empowerment lawyer involves: organizing, community education, media outreach, petition drives, public demonstrations, lobbying, and shaming campaigns . . . Individuals and members of community-based organizations actively work alongside organizers and lawyers in the day-to-day strategic planning of their case or campaign. Proposed solutions~-~-litigation or non-litigation based~-~-are informed by the clients' knowledge and experience of the issue. n185 A classic example of the complex role of empowerment within the legal agenda setting is the question of whether to take cases that have low chances of success. The traditional approach would suggest not taking the case, or settling for limited outcomes that may not meet the client's expectations. However, when our goals shift to empowerment, our strategies change as well. If we understand that the legal system is incapable of providing a truly favorable outcome for low-income transgender clients and transgender clients of color, then winning and losing cases takes on different meanings. For example, a transgender client may choose to bring a lawsuit against prison staff who sexually assaulted her, despite limited chance of success because of the "blue wall of silence," her perceived limited credibility as a prisoner, barriers to recovery from the Prison Litigation Reform Act, and restrictions on supervisory liability in § 1983 cases. Even realizing the litigation outcome will probably be unfavorable to her, she may still develop leadership skills by rallying a broader community of people impacted by similar issues. Additionally, she may use the knowledge and energy gained through the lawsuit to change policy. If our goal is to familiarize our client with the law, to provide an opportunity for the client *616 and/or community organizers to educate the public about the issues, to help our client assess the limitations of the legal system on their own, or to play a role in a larger organizing strategy, then taking cases with little chance of achieving a legal remedy can be a useful strategy. Lawyering for empowerment means not relying solely on legal expertise for decisionmaking. It means recognizing the limitations of the legal system, and using our knowledge and expertise to help disenfranchised communities take leadership. If community organizing is the path to social justice and "organizing is about people taking a role in determining their own future and improving the quality of life not only for themselves but for everyone," then "the primary goal of empowerment lawyering is building up the community." n186 C. Sharing Information and Building Leadership A key to meaningful participation in social justice movements is access to information. Lawyers are in an especially good position to help transfer knowledge, skills, and information to disenfranchised communities~-~-the legal system is maintained by and predicated on arcane knowledge that lacks relevance in most contexts but takes on supreme significance in courts, politics, and regulatory agencies. It is a system intentionally obscure to the uninitiated; therefore the lawyer has the opportunity to expose the workings of the system to those who seek to destroy it, dismantle it, reconfigure it, and re-envision it. As Quigley points out, the ignorance of the client enriches the lawyer's power position, and thus the transfer of the power from the lawyer to the client necessitates a sharing of information. n187 Rather than simply performing the tasks that laws require, a lawyer has the option to teach and to collaborate with clients so that they can bring power and voice back to their communities and perhaps fight against the system, become politicized, and take leadership. "This demands that the lawyer undo the secret wrappings of the legal system and share the essence of legal advocacy~-~-doing so lessens the mystical power of the lawyer, and, in practice, enriches the advocate in the sharing and developing of rightful power." n188 Lawyers have many opportunities to share knowledge and skills as a form of leadership development. This sharing can be accomplished, for example, through highly collaborative legal representation, through community clinics, through skill-shares, or through policy or campaign meetings where the lawyer explains what they know about the existing structures and fills in gaps and questions raised by activists about the workings of legal systems. D. Helping to Meet Survival Needs SRLP sees our work as building legal services and policy change that directly supports the pillar of power. n189 Maintaining an awareness of the limitations and pitfalls of traditional legal services, we strive to provide services in a larger context and with an approach that can help support libratory work. n190 For this reason we provide direct legal services but also work toward leadership development in our communities and a deep level of support for our community-organizing allies. Our approach in this regard is to make sure our community members access and obtain all of the benefits to which they are entitled under the law, and to protect our community members as much as possible from the criminalization, discrimination, and harassment they face when attempting to live their lives. While we do not believe that the root causes keeping our clients in poverty and poor health can be addressed in this way, we also believe that our clients experience the most severe impact from state policies and practices and need and that they deserve support to survive them. n191 Until our communities are truly empowered and our systems are fundamentally changed to increase life chances and health for transgender people who are low-income and people of color, our communities are going to continue to have to navigate government agencies and organizations to survive.
135 +Root cause explanations of international politics don’t exist – methodological pluralism is necessary to reclaim IR as emancipatory praxis and avoid endless political violence.
136 +Bleiker 14 – (6/17, Roland, Professor of International Relations at the University of Queensland, “International Theory Between Reification and Self-Reflective Critique,” International Studies Review, Volume 16, Issue 2, pages 325–327)
137 +This book is part of an increasing trend of scholarly works that have embraced poststructural critique but want to ground it in more positive political foundations, while retaining a reluctance to return to the positivist tendencies that implicitly underpin much of constructivist research. The path that Daniel Levine has carved out is innovative, sophisticated, and convincing. A superb scholarly achievement. For Levine, the key challenge in international relations (IR) scholarship is what he calls “unchecked reification”: the widespread and dangerous process of forgetting “the distinction between theoretical concepts and the real-world things they mean to describe or to which they refer” (p. 15). The dangers are real, Levine stresses, because IR deals with some of the most difficult issues, from genocides to war. Upholding one subjective position without critical scrutiny can thus have far-reaching consequences. Following Theodor Adorno—who is the key theoretical influence on this book—Levine takes a post-positive position and assumes that the world cannot be known outside of our human perceptions and the values that are inevitably intertwined with them. His ultimate goal is to overcome reification, or, to be more precise, to recognize it as an inevitable aspect of thought so that its dangerous consequences can be mitigated. Levine proceeds in three stages: First he reviews several decades of IR theories to resurrect critical moments when scholars displayed an acute awareness of the dangers of reification. He refreshingly breaks down distinctions between conventional and progressive scholarship, for he detects self-reflective and critical moments in scholars that are usually associated with straightforward positivist positions (such as E.H. Carr, Hans Morgenthau, or Graham Allison). But Levine also shows how these moments of self-reflexivity never lasted long and were driven out by the compulsion to offer systematic and scientific knowledge. The second stage of Levine's inquiry outlines why IR scholars regularly closed down critique. Here, he points to a range of factors and phenomena, from peer review processes to the speed at which academics are meant to publish. And here too, he eschews conventional wisdom, showing that work conducted in the wake of the third debate, while explicitly post-positivist and critiquing the reifying tendencies of existing IR scholarship, often lacked critical self-awareness. As a result, Levine believes that many of the respective authors failed to appreciate sufficiently that “reification is a consequence of all thinking—including itself” (p. 68). The third objective of Levine's book is also the most interesting one. Here, he outlines the path toward what he calls “sustainable critique”: a form of self-reflection that can counter the dangers of reification. Critique, for him, is not just something that is directed outwards, against particular theories or theorists. It is also inward-oriented, ongoing, and sensitive to the “limitations of thought itself” (p. 12). The challenges that such a sustainable critique faces are formidable. Two stand out: First, if the natural tendency to forget the origins and values of our concepts are as strong as Levine and other Adorno-inspired theorists believe they are, then how can we actually recognize our own reifying tendencies? Are we not all inevitably and subconsciously caught in a web of meanings from which we cannot escape? Second, if one constantly questions one's own perspective, does one not fall into a relativism that loses the ability to establish the kind of stable foundations that are necessary for political action? Adorno has, of course, been critiqued as relentlessly negative, even by his second-generation Frankfurt School successors (from Jürgen Habermas to his IR interpreters, such as Andrew Linklater and Ken Booth). The response that Levine has to these two sets of legitimate criticisms are, in my view, both convincing and useful at a practical level. He starts off with depicting reification not as a flaw that is meant to be expunged, but as an a priori condition for scholarship. The challenge then is not to let it go unchecked. Methodological pluralism lies at the heart of Levine's sustainable critique. He borrows from what Adorno calls a “constellation”: an attempt to juxtapose, rather than integrate, different perspectives. It is in this spirit that Levine advocates multiple methods to understand the same event or phenomena. He writes of the need to validate “multiple and mutually incompatible ways of seeing” (p. 63, see also pp. 101–102). In this model, a scholar oscillates back and forth between different methods and paradigms, trying to understand the event in question from multiple perspectives. No single method can ever adequately represent the event or should gain the upper hand. But each should, in a way, recognize and capture details or perspectives that the others cannot (p. 102). In practical terms, this means combining a range of methods even when—or, rather, precisely when—they are deemed incompatible. They can range from poststructual deconstruction to the tools pioneered and championed by positivist social sciences. The benefit of such a methodological polyphony is not just the opportunity to bring out nuances and new perspectives. Once the false hope of a smooth synthesis has been abandoned, the very incompatibility of the respective perspectives can then be used to identify the reifying tendencies in each of them. For Levine, this is how reification may be “checked at the source” and this is how a “critically reflexive moment might thus be rendered sustainable” (p. 103). It is in this sense that Levine's approach is not really post-foundational but, rather, an attempt to “balance foundationalisms against one another” (p. 14). There are strong parallels here with arguments advanced by assemblage thinking and complexity theory—links that
138 +could have been explored in more detail.
139 +
140 +Police brutality is the largest cause of a decline in US cred on human rights – the UN Human Rights Council has smashed the US for it
141 +Sheriff 15 - Natasja Sheriff, independent journalist and a visiting scholar at the Arthur L. Carter Journalism Institute: May 11, 2015(“US cited for police violence, racism in scathing UN review on human rights” Al Jazeera Available at http://america.aljazeera.com/articles/2015/5/11/us-faces-scathing-un-review-on-human-rights-record.html)
142 +The United States was slammed over its rights record Monday at the United Nations’ Human Rights Council, with member nations criticizing the country for police violence and racial discrimination, the Guantánamo Bay Detention Facility and the continued use of the death penalty. The issue of racism and police brutality dominated the discussion on Monday during the country’s second universal periodic review (UPR). Country after country recommended that the U.S. strengthen legislation and expand training to eliminate racism and excessive use of force by law enforcement. "I'm not surprised that the world's eyes are focused on police issues in the U.S.," said Alba Morales, who investigates the U.S. criminal justice system at Human Rights Watch. "There is an international spotlight that's been shone on the issues, in large part due to the events in Ferguson and the disproportionate police response to even peaceful protesters," she said. Anticipating the comments to come, James Cadogan, a senior counselor to the U.S. assistant attorney general, told delegates gathered in Geneva, "The tragic deaths of Freddie Gray in Baltimore, Michael Brown in Missouri, Eric Garner in New York, Tamir Rice in Ohio and Walter Scott in South Carolina have renewed a long-standing and critical national debate about the even-handed administration of justice. These events challenge us to do better and to work harder for progress — through both dialogue and action." All of the names he mentioned are black men or boys who were killed by police officers or died shortly after being arrested. The events have sparked widespread anger and unrest over the past year. Cadogan added that the Department of Justice has opened more than 20 investigations in the last six years — including an investigation into the Baltimore Police Department — as well as the release of a report of the Presidential Task Force on 21st Century Policing in March, which included more than 60 recommendations. But advocates like Morales say the U.S. could do much more. "Use of excessive force by police was a major part of this year's UPR, and the fact that we still don't have a reliable national figure to know how many people are killed by police or what the racial breakdown is of those people is a travesty," she said. "A nation as advanced as the U.S. should be able to gather that number." The Justice Department did not respond to requests for comment. Although the problems are not new, the death of young men like Gray and Brown and the unrest that followed their killings in U.S. cities over the past year has attracted the attention — and criticism — of the international community. "Chad considers the United States of America to be a country of freedom, but recent events targeting black sectors of society have tarnished its image," said Awada Angui of the U.N. delegation to Chad.
143 +
144 +Allowing police violence perpetuates systems of racism in the squo. Hadden et al 16
145 +(Bernadette R. Hadden, MSW, PHD, is Assistant professor in the MSW program at Hunter College School of Social Work New York. Willie Tolliver, PhD. Associate Professor at Silberman School of Social Work. Fabienne Snowden PHD. Professor at Hunter College School of Social Work. and Robyn Brown Manning, PHD. Professor at Hunter College School of Social "An authentic discourse: Recentering race and racism as factors that contribute to police violence against unarmed Black or African American men, Journal of Human Behavior in the Social Environment" http://www.tandfonline.com/doi/full/10.1080/10911359.2015.1129252#abstract)
146 +Police shootings of unarmed Black or African American men are occurring at alarming rates (Wihbey, 2014) and are indicative of a national trend of excessive force used by law enforcement agents on the bodies of people of color (American Civil Liberties Union ACLU, 2014). These incidents are happening inside and outside of Black and Hispanic neighborhoods (Carroll and Gonzalez, 2014), to low-income and middle-class Blacks or African Americans (Jones-Brown, 2009), and are frequently the result of routine encounters (ACLU, 2014). One of several challenges in obtaining an accurate count of the number of the police shootings of unarmed Black or African American men in the United States is that there are no nationally consistent measures of collecting these data (Department of Justice, 2015). This lack of standardized reporting, accompanied by public outrage, civil unrest, and community activism, calls for investigations into, and law enforcement reporting of, fatal police shootings of unarmed Black or African American men. Suggestions of racial profiling in police shootings have been presented as an explanation of the phenomenon of the disproportionate shooting of unarmed Black or African American men by law enforcement agents (Amajor, Sandars, and Pitts, 1999). In 2007 researchers found that in 10 of the United States’s largest cities, Blacks or African Americans were overly represented among victims of police shootings (Lowerstein, 2007). These findings were most visible in New York City, Las Vegas, and San Diego (Lowerstein, 2007). At a 2010 hearing calling for the investigation of police-involved shootings in Oakland, California, the National Association for the Advancement of Colored People (NAACP) reported that from 2004 and 2008, 37 of the 45 police shootings in that city were at Black or African American suspects (Bulwa, 2010). A report from the New York City Police Department (NYCPD) illustrates that between 2000 and 2013, 97 Blacks or African Americans, 41 Hispanics, and 21 Whites were killed by NYPD police officers (NYCPD, 2014). In other words, from 2000 to 2013, more Blacks or African Americans were killed by NYCPD weapon discharges than Latinos and Whites combined. These reports identify and document the phenomenon of Black or African American men being shot and/ or killed by police officers, despite the limitations in data tracking police shootings (Graham, 2015). However, they do not inform us of the incidence or prevalence of this phenomenon
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1 +Dominic Henderson
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1 +Kinkaid JY
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1 +2
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1 +Strake Jesuit Thorburn Aff
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1 +UT Aff
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1 +Longhorn Classic at the University of Texas Austin
Caselist.CitesClass[3]
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1 +Framework
2 +
3 +1. Cultural identities are manifestation of individuals who share similar aspects of their own personal identities. Societal oppression occurs when individuals are prevented from finding their own identities Pierce 1:
4 +, Andrew J. "Notre Dame Philosophical Reviews." Collective Identity, Oppression, and the Right to Self-Ascription. Notre Dame, 16 Sept. 2002. Web. 17 Dec. 2016. http://ndpr.nd.edu/news/33399-collective-identity-oppression-and-the-right-to-self-ascription/.
5 +Task 1: Kymlicka conceives of group identity in terms of cultural identity. Cultural identity, on his account, is a manifestation of collective intentionality; it is a product of the uncoerced, voluntary choice of group members. Cultures are presumed to be complete in the sense that they govern all aspects of their members' lives. They also are regarded as self-sufficient and generally self-contained, coming into conflict with other cultures only accidentally. The protection of group rights for Kymlicka is thus a matter of protecting the individuals right of group members to exercise free choice in structuring their collective identity. Kymlicka distinguishes between two main sorts of groups whose claim to specifiable group rights must be assessed. National minorities, such as indigenous populations, deserve a robust set of special rights and protections. These include political autonomy and exemption from at least some of the laws of the dominant culture, since they have involuntarily fallen under the purview of that culture and the political authority that facilitates it. Ethnic groups, voluntary immigrants who do not initially subscribe to the dominant culture, seek more or less to assimilate politically. Because they freely acquiesce to the political authority of the dominant culture, the group rights of ethnic groups should aim primarily at facilitating their eventual political integration. Neither categorization provides a fitting model for how oppressed groups have acquired their collective identity, Pierce argues. In contrast to national minorities, oppressed groups are formed non-intentionally. They are established and maintained by external, coercive forces. They are the creation not of free choice among their members but by the limitation of free choice. So conflict is constitutive of their identity formation. In contrast to ethnic minorities, the identity of oppressed groups is predicated on not being permitted to integrate politically. Their very existence reflects their effective political marginalization. So whereas Kymlicka takes voluntary association to be the paradigmatic means of group constitution, the concept of oppression connotes that said constitution is non-intentional. It conveys that collective identity is not just unchosen but that it is freedom limiting. Oppressed groups are immobilized and disempowered precisely in virtue of their group membership. Oppression is structural in nature in that the experience of it is "related to one's position in a complex web of social arrangements" (29). So oppression is, by definition, a group harm that cannot be reduced to the individual harms experienced by group members. If oppression is to be abolished, certain rights must be regarded as possessed by groups simpliciter rather than by individual group members. Specifically, the group-based right not to be oppressed or, put positively, the group-based right to self-ascription must be protected by the state. Groups as groups must be free to determine the meaning and extent of their affiliation. This is a necessary condition for group members to freely develop their collective identity.
6 +2. All moral and legal theory is based on communicative subjectivity, meaning the aff’s conception of ethics controls the internal link to all other policies and frameworks. The ability for self-ascription to a cultural identity relies on the ability for individuals to communicate Pierce 2:
7 +Task 2: Pierce's defense of the group-based right to self-ascription is rather complex, and he moves quickly in developing it. I will do my best to disentangle its main features. In order to provide a sense of the contours of this right, Pierce relies most strongly on Jürgen Habermas's discourse ethics. According to Habermas, moral and legal theory is based on what Pierce calls "communicative intersubjectivity." Inescapable, counterfactual presuppositions of communication govern how participants in discourse aimed at mutual understanding must engage with one another.
8 +These presuppositions ~-~- namely, that no participant who is able to make a relevant contribution is excluded, that each participant has an equal voice, that each participant is free to speak sincerely, and that discourse proceeds without coercion ~-~- delineate how discourse must proceed if the force of the better argument is to prevail. Although they rarely if ever fully govern actual discourse (they are counterfactual after all), acting in accordance with the presuppositions expresses a sense of affinity with and empathy for fellow participants in discourse. To the extent that Habermas holds that the validity of moral and legal principles is a function of the agreement expressed in discourse among all affected parties, there can be no justice without solidarity, as it were. Solidarity, states Habermas, is the "reverse side" of justice.
9 +While Habermas thus holds that the concept of positive law entails that individuals are bearers of rights, Pierce asserts that the means by which any moral and legal principle is justified "points to a prior communicative intersubjectivity" (4). This is not simply a matter of participants in discourse displaying communicative competence. It is instead "the concrete intersubjectivity of collective identity" (ibid). Cashed out in terms of rights, any conception of individual rights presupposes a group right, specifically to self-ascription. The right to self-ascription, to not be oppressed, makes possible the discursive justification of individual rights. Indeed, the right to self-ascription is a precondition for discursive justification as such, since discursive justification is based on an intersubjective process of communicative vindication. And intersubjective communication is premised on the presuppositions of communication.
10 +3. All oppression stems from preventing individuals from communicating. Limiting free speech increases oppression in two ways: a) prevents individuals from finding their own identities. b) prevents individuals from subscribing to a larger cultural identity Pierce 3:
11 +Oppression is~-~- the violation of the presuppositions of communication – it renders discursive justification impossible, and it undercuts political integration. It disrupts the material basis for solidarity by perpetuating economic inequality. It impedes the affective basis for solidarity by destroying the trust and mutual respect necessary for political equality. With solidarity undermined, it is impossible to establish just social and political conditions. No solidarity, no justice.
12 +4. Only the aff’s conception of ethics can only contextualize why individuals act through the analysis of their self-ascription. The right to self-ascription allots mutual recognition which ensures confidence, respect, and self-esteem Pierce 4:
13 +Pierce argues that there are nevertheless limits to his reliance on a Habermasian discursive conception of rights. Since the right to self-ascription is a precondition for discursive justification, it cannot itself be justified procedurally. For this reason, Pierce turns to Axel Honneth and Martha Nussbaum to justify his employment of this right to specify the normative bases of collective identity. In accordance with Honneth's considerations the normative force of the right to self-ascription derives from an underlying structure of mutual recognition. Mutual recognition, which applies to all associational relations on Honneth's account and supports the development of self-confidence, self-respect, and self-esteem, is necessary for intersubjective communication aimed at mutual understanding. From Nussbaum, Pierce appropriates the view that collective identity formation should aim at "intersubjective human flourishing" that does not reduce to the flourishing of individual subjects.
14 +5. Self-ascription key to policy and legislation within states while avoiding the problems that arise from identity politics Pierce 5:
15 +Task 3: Developing this account of the group-based right to self-ascription is meant to provide a firm basis for Pierce's articulation of a "discursive-democratic" conception of identity politics. This conception specifies the proper relationship between groups and the state while avoiding some of the more problematic aspects of identity politics: namely, the fetishization of identity as such and the inclination to claim that any and all identity groups deserve equal recognition. Identity politics, on Pierce's account, aims to demonstrate that the kinds of group identification that are justifiable are those that operate largely in accordance with the presuppositions of communication. Groups thus "must be open and inclusive (to a certain degree), provide equal opportunity for the growth and development of all members, and be adopted sincerely and without coercion" (6).
16 +Ultimately, then, Pierce develops an account of the social construction of identity that is both descriptive and normative. It is descriptive in that it lays out the ideal, non-oppressive, conditions for identity construction. It is normative because it identifies the criteria according to which groups should shape their collective identities, including racial identities. Insofar as collective identities are discursively constructed, they must be governed internally by the presuppositions of communication.
17 +Implications:
18 +a) Our conception of identity controls the internal link to both descriptive and normative interpretations of identity formation, meaning the only way to access a conception of identity is through the aff’s framework
19 +Plan
20 +Resolved:  Public colleges and universities in the United States ought not restrict any constitutionally protected speech.
21 +Advantage 1 – Educational Identity
22 +A- Poetry in education
23 +Poetry and opinions are already being censored across all levels of education in the U.S. Hill 4
24 +Hill, Bill. "Free Speech Rights Eroded - Sobering Example." Free Speech Rights Eroded - Sobering Example. WantToKnow.Info, 15 May 2004. Web. 24 Dec. 2016. http://www.wanttoknow.info/freespeecheroded.
25 +Bill Nevins, a New Mexico high school teacher and personal friend, was fired last year and classes in poetry and the poetry club at Rio Rancho High School were permanently terminated. It had nothing to do with obscenity, but it had everything to do with extremist politics. The "Slam Team" was a group of teenage poets who asked Nevins to serve as faculty adviser to their club. The teens, mostly shy youngsters, were taught to read their poetry aloud and before audiences. Rio Rancho High School gave the Slam Team access to the school's closed-circuit television once a week and the poets thrived. In March 2003, a teenage girl named Courtney presented one of her poems before an audience at Barnes and Noble bookstore in Albuquerque, then read the poem live on the school's closed-circuit television channel. A school military liaison and the high school principal accused the girl of being "un-American" because she criticized the war in Iraq and the Bush administration's failure to give substance to its "No child left behind" education policy. The girl's mother, also a teacher, was ordered by the principal to destroy the child's poetry. The mother refused and may lose her job. Bill Nevins was suspended for not censoring the poetry of his students. Remember, there is no obscenity to be found in any of the poetry. He was later fired by the principal. After firing Nevins and terminating the teaching and reading of poetry in the school, the principal and the military liaison read a poem of their own as they raised the flag outside the school. When the principal had the flag at full staff, he applauded the action he'd taken in concert with the military liaison. Then to all students and faculty who did not share his political opinions, the principal shouted: "Shut your faces." What a wonderful lesson he gave those 3,000 students at the largest public high school in New Mexico. In his mind, only certain opinions are to be allowed. But more was to come. Posters done by art students were ordered torn down, even though none was termed obscene. Some were satirical, implicating a national policy that had led us into war. Art teachers who refused to rip down the posters on display in their classrooms were not given contracts to return to the school in this current school year.
26 + The message is plain. Critical thinking, questioning of public policies and freedom of speech are not to be allowed to anyone who does not share the thinking of the school principal.
27 +
28 +
29 +Poetry classes rely on person’s ability to speak without repercussions, and poetry is essential for individuals to find their own identity Atlantic 16
30 +The Atlantic. "Why Teaching Poetry Is So Important." The Atlantic. Atlantic Media Company, 2016. Web. 24 Dec. 2016. http://www.theatlantic.com/education/archive/2014/04/why-teaching-poetry-is-so-important/360346/.
31 +Poetry has become an afterthought, a supplement, not something to study on its own. In an education landscape that dramatically deemphasizes creative expression in favor of expository writing and prioritizes the analysis of non-literary texts, high school literature teachers have to negotiate between their preferences and the way the wind is blowing. That sometimes means sacrifice, and poetry is often the first head to roll. Yet poetry enables teachers to teach their students how to write, read, and understand any text. Poetry can gives students a healthy outlet for surging emotions. Reading original poetry aloud in class can foster trust and empathy in the classroom community, while also emphasizing speaking and listening skills that are often neglected in high school literature classes. Students who don’t like writing essays may like poetry, with its dearth of fixed rules and its kinship with rap. The point of reading a poem is not to try to “solve” it. Still, that quantifiable process of demystification is precisely what teachers are encouraged to teach students, often in lieu of curating a powerful experience through literature. The literature itself becomes secondary, boiled down to its Cliff’s Notes demi-glace. I haven’t wanted to risk that with the poems that enchanted me in my youth. Teachers should produce literature lovers as well as keen critics, striking a balance between teaching writing, grammar, and analytical strategies and then also helping students to see that literature should be mystifying. It should resist easy interpretation and beg for return visits. Poetry serves this purpose perfectly.
32 +Unrestricted poetry is essential for individuals to find their identities and fight oppression. It allows the oppressed to rise up against structures of domination Corrine 15:
33 +Segal, Corinne. "Poet Wo Chan Uses Words to Fight Oppression." PBS. PBS, 11 May 2015. Web. 24 Dec. 2016. http://www.pbs.org/newshour/poetry/wo-chan-poetry-activism/.
34 +The first thing Wo Chan ever wanted to be was a magician. Now a poet, Wo, who prefers the pronoun “they,” uses language to make other transformations, bringing marginalized voices to the forefront in a society that has oppressed them. As a queer immigrant who is facing a legal battle over deportation, Wo said they see poetry as a tool of fighting the oppression they have experienced. “I’m expected to be quiet and avoid trouble,” Wo said. “And what I feel more compelled to do is to go to protests and speak out, and write poems about state brutality, state violence, write poems about the structures that have masked large amounts of wealth and power.” Wo’s work has recently explored what they describe as “rage” at the power imbalances that exist in the U.S. For Wo, the process of experimenting with language also challenges the systems that create those imbalances. Poetry is this great tool of disruption for monolithic power,” Wo said. “Language is what we see the world through and poetry gets right to the core of it.” That inequity is also present in literary communities, where some contests have reading fees or citizenship requirements that create barriers to entry, Wo said. This can disproportionately affect marginalized groups in a sphere where they are already underrepresented, they said. “I think in order for change to really happen, you need groups that are led by people of color, you need groups that are led by queer people, promoting their own stories and promoting their own communities,” Wo said. As an art form that addresses the intersection of many identities, poetry can also help create solidarity, Wo said. “I think poetry begs for honesty, and it begs for the authentic personal self, and that’s a self that isn’t chopped up and isn’t compartmentalized,” Wo said. “If I’m going to write honestly, there is no other way than to write from a point of intersectionality.”
35 +
36 +
37 +
38 +B- Clubs at Universities:
39 +Colleges offer a variety of clubs that unite individuals with shared interest, help fight oppression, foster acceptance, and increase well-being. Holyoke 16
40 +Holyoke Community College. "Identity Clubs." Identity Clubs. Holyoke Community College, 2016. Web. 26 Dec. 2016. http://www.hcc.edu/campus-life/student-clubs/identity-clubs.
41 +Identity Clubs
42 +Asian American Student Association This club seeks to promote Asians culture, consolidating Asians and other students, and provideng guidance and direction to new members to the college's environment. Baha'i Club
43 +The purpose of the Baha'i Club is to acquaint those interested with the tenets of the Baha'i faith by sponsoring lectures, information tables, service projects, discussions, informal gatherings, social activities, and public meetings. The Baha'i Club has no political affiliations on a campus level or otherwise. Black Student Alliance
44 +This club is on break as we seek student leadership to start it again.
45 + Campus Ministry
46 +The Campus Ministry is a group of HCC members (students and staff) who believe in salvation through the blood of Christ, have a desire to fellowship around the Word of God (the Bible), and want to build up the Body of Christ and to cover this campus with prayer. Anyone desiring to know more about Christianity is welcome. International Students Club
47 +The International Students Club promotes diversity and international awareness in the campus community. Latino International Students Association Our mission is to teach society the reality behind the “latino” stereotypes; to learn by supporting other clubs and participating in HCC’s activities and events; and to unite people because we believe in teamwork. When you join, you become part of our family. Students on the Autism Spectrum The SAS Club welcomes everyone, and works to educate the HCC community about people living with autism. Shalom! Jewish Students Club Our purpose is to offer to HCC students, Jewish and non-Jewish, the possibility to learn and understand about Jewish culture and traditions – like celebrations, holidays and special dishes. Among many of the activities this club does, club members plan fundraising events as well as attend discussion panels and conferences with expert guest speakers. Christian Fellowship Club We seek to unite the youth in a positive way to achieve different goals academically and socially. We want to lead them through the right path, putting all the negativity aside and giving the best of them to be successful in life. Queer Straight Alliance Our purpose is to support all gay, lesbian, bisexual, transgender, and straight ally persons, and to help in the elimination, through education, of homophobia and heterosexism on the HCC campus by bringing together the LGBT and straight communities. TransCampus TransCampus is a campus advocacy group (comprised of students, faculty, and staff) committed to creating and fostering an open and inclusive campus community for individuals who are transgender/gender queer/questioning. We’ve been active at HCC since 2007, and are still going strong!
48 +Members of the LGBTQ+ community already face discrimination on campuses with conservative alum and donors. Allowing the prohibition of certain speech opens up the door for campuses to appease their donors by banning LGBTQ+ clubs. Erik 11
49 +Eckholm, Erik. "Even on Religious Campuses, Students Fight for Gay Identity." The New York Times. The New York Times, 18 Apr. 2011. Web. 26 Dec. 2016. http://www.nytimes.com/2011/04/19/us/19gays.html.
50 +WACO, Tex. — Battles for acceptance by gay and lesbian students have erupted in the places that expect it the least: the scores of Bible colleges and evangelical Christian universities that, in their founding beliefs, see homosexuality as a sin.
51 +Decades after the gay rights movement swept the country’s secular schools, more gays and lesbians at Christian colleges are starting to come out of the closet, demanding a right to proclaim their identities and form campus clubs, and rejecting suggestions to seek help in suppressing homosexual desires.
52 +Many of the newly assertive students grew up as Christians and developed a sense of their sexual identities only after starting college, and after years of inner torment. They spring from a new generation of evangelical youths that, over all, holds far less harsh views of homosexuality than its elders.
53 +But in their efforts to assert themselves, whether in campus clubs or more publicly on Facebook, gay students are running up against administrators who defend what they describe as God’s law on sexual morality, and who must also answer to conservative trustees and alumni.
54 +Facing vague prohibitions against “homosexual behavior,” many students worry about what steps — holding hands with a partner, say, or posting a photograph on a gay Web site — could jeopardize scholarships or risk expulsion.
55 +
56 +Advantage 2 – Epistemic representation
57 +Ethics arise through shared discourse – having free dialogue comes sequentially prior to formulating moral obligations and is key to have a proper metaphysical understanding of the world and the self. Haste 98
58 +Helen Haste, Ph.D., 1998 Communitarianism and the Social Construction of Morality, http://tigger.uic.edu/~lnucci/MoralEd/articles/haste.html
59 +Communitarian thinkers start from a very different psychological tradition. They emphasise the primacy of language and social interaction in the generation of meaning. Taylor argues that human life is 'fundamentally dialogic .... We become full human agents, capable of understanding ourselves, and hence defining an identity, through our acquisition of rich human languages of expression.' (1991 p 32). This aligns the communitarian ontological position with social constructionists like John Shotter (1993) and Rom HarrŽ (HarrŽ and Gillett, 1994) who argue that the primary human reality is face-to-face conversation. If social interaction is the crucible of meaning, then the child learns about morality through discourse and through social practices, both explicit and implicit. The 'meaning' of something - including the meaning of our own identity and our morality - depends on what is comprehensible and recognized within our social community. Social beings create their identity through shared discourse and language (Shotter, 1993). Communities are multiple; we are members of many communities which each offer us identity, and personal meaning, and within each different elements and skills are salient. Cultural narratives, stories and traditions feed directly into our identity, signalling valued attributes and behaviours, and giving an explanation for our past and present. Crucially, we also recognise that these are shared by those whom we thus define as members of our community. A moral obligation can only have meaning within a social context. Richard Shweder describes taboos and practices found amongst rural Hindus in India which are quite morally meaningless to Americans, because they are associated with beliefs about pollution which are not shared (Shweder et al, 1987). However practices may be widely condemned, but for different reasons - believing that rape is wrong because it defiles the victim's purity, is very different from seeing it as wrong because treats her as an object rather than a person.
60 +This means censorship is never justifiable since censorship relies on the assumption that some viewpoint is not legitimate enough to be voiced.
61 +Pohlhaus and Wright. Using Wittgenstein Critically: A Political Approach to Philosophy Author(s): Gaile Pohlhaus and John R. Wright
62 + Insofar as a plurality of positions can be accommodated within the 'we' through which individuals can lay claim to an intelligible voice, the 'we' and the language games we play are affirmed in their legitimacy. On the other hand, insofar as what 'we say' forecloses in advance the acknowledgment of certain individuals as competent speakers of our language, then 'we' put into question our intelligibility to ourselves. This situation parallels the claim to a private language insofar as our answerability to others would be artificially delimited and our intelligibility to ourselves would be made to seem, in this regard, effortless. Like the individual entertaining the idea of a private language, 'we' ignore the grounds of our collective intelligibility to others and to ourselves when we deny our dependence, in raising any sort of claim, on an open-ended public language. We will call this the 'extended private language argument'. Taking the skeptical 'threat' serioously, by this argument, is part of maintaining a commitment to a genuinely open-ended 'we' as a ground to mutual intelligibility, because not doing so would be to set limits, in advance, on who we will regard as a competent speaker. For example, say a group's use of 'justice' involves claiming without irony that "justice was served" in situations involving racial minorities whenever they have been punished more harshly than nonminorities would be for an equivalent crime. Confronted with this group, one might want to say to these people that they are twisting the term to suit their purposes of maintaining a racist social order; yet perhaps when this is pointed out, they persist in claiming that they really are 'doing justice'. If we claim, then, that "they evidently don't know what justice means," one possible response open to them is simply to say, "perhaps you don't know what it means, but this is what we say . . . " Any demands put to the racist group to use the term consistently can easily be deflected by an obstinate appeal to the 'real meaning' of the term. As invoked in this situation, those who object that "that's not what justice means" can be branded as incompetent speakers with a shrug from a member of the racist group. We are then at a stalemate, at least about our language. The force of the extended private language argument is to show us that in refusing answerability, both non-racists and the racist group are alienated from their intelligibility to themselves through the language in which they try to express themselves. In other words, by saying that they do not have to answer m
63 +
64 +While the liberal ideology seems safe, speech codes restrict everyone’s rights and inhibit discourse that is important to foster discussions and learning. ACLU 16
65 +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//
66 +Many universities, under pressure to respond to the concerns of those who are the objects of hate, have adopted codes or policies prohibiting speech that offends any group based on race, gender, ethnicity, religion or sexual orientation. That's the wrong response, well-meaning or not. The First Amendment to the United States Constitution protects speech no matter how offensive its content. Speech codes adopted by government-financed state colleges and universities amount to government censorship, in violation of the Constitution. And the ACLU believes that all campuses should adhere to First Amendment principles because academic freedom is a bedrock of education in a free society. How much we value the right of free speech is put to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life warrants the same constitutional protection as other speech because the right of free speech is indivisible: When one of us is denied this right, all of us are denied. Since its founding in 1920, the ACLU has fought for the free expression of all ideas, popular or unpopular. That's the constitutional mandate. 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. College administrators may find speech codes attractive as a quick fix, but as one critic put it: "Verbal purity is not social change." Codes that punish bigoted speech treat only the symptom: The problem itself is bigotry. The ACLU believes that instead of opting for gestures that only appear to cure the disease, universities have to do the hard work of recruitment to increase faculty and student diversity; counseling to raise awareness about bigotry and its history, and changing curricula to institutionalize more inclusive approaches to all subject matter. 
67 +ideas.
68 +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.
69 +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/)
70 +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.
71 +
72 +Perceived assault on free speech drives voters to the right wing – that’s how Trump got elected president.
73 +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
74 +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. The presidency just went to the guy whose main qualification, according to his supporters, is that he isn't afraid to speak his.
75 +
76 +
77 +Underview
78 +
79 +1. The affirmative may defend the threats aspect of hate speech are unconstitutional .US Law Justia 16
80 +Justia. "Threats of Violence Against Individuals." Justia Law. Justia, 2016. Web. 29 Dec. 2016. http://law.justia.com/constitution/us/amendment-01/43-threats-of-violence.html. Threats of Violence Against Individuals.—The Supreme Court has cited three “reasons why threats of violence are outside the First Amendment”: “protecting individuals from the fear of violence, from the disruption that fear engenders, and from the possibility that the threatened violence will occur.”980 In Watts v. United States, however, the Court held that only “true” threats are outside the First Amendment.981 The defendant in Watts, at a public rally at which he was expressing his opposition to the military draft, said, “If they ever make me carry a rifle, the first man I want to get in my sights is L.B.J.”982 He was convicted of violating a federal statute that prohibited “any threat to take the life of or to inflict bodily harm upon the President of the United States.” The Supreme Court reversed. Interpreting the statute “with the commands of the First Amendment clearly in mind,”983 it found that the defendant had not made a “true ‘threat,”’ but had indulged in mere “political hyperbole.”984In NAACP v. Claiborne Hardware Co., white merchants in Claiborne County, Mississippi, sued the NAACP to recover losses caused by a boycott by black citizens of their businesses, and to enjoin future boycott activity.985 During the course of the boycott, NAACP Field Secretary Charles Evers had told an audience of “black people that any ‘uncle toms’ who broke the boycott would ‘have their necks broken’ by their own people.”986 The Court acknowledged that this language “might have been understood as inviting an unlawful form of discipline or, at least, as intending to create a fear of violence ....”987 Yet, no violence had followed directly from Evers’ speeches, and the Court found that Evers’ “emotionally charged rhetoric . . . did not transcend the bounds of protected speech set forth in Brandenburg… An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech.”988 While holding that, under Bradenburg, Evers’ speech did not constitute unprotected incitement of lawless action,989 the Court also cited Watts, thereby implying that Evers’ speech also did not constitute a “true threat.”990 980 R.A.V. v. City of St. Paul, 505 U.S. 377, 388 (1992). 981 394 U.S. 705, 708 (1969) (per curiam). 982 394 U.S. at 706. 983 394 U.S. at 707. 984 394 U.S. at 708. 985 458 U.S. 886 (1982). Claiborne is also discussed below under “Public Issue Picketing and Parading.” 986 458 U.S. at 900, n.29. See id. at 902 for a similar remark by Evers. 987 458 U.S. at 927. 988 458 U.S. at 928. 989 Brandenburg v. Ohio, 395 U.S. 444 (1969). Brandenburg is discussed above under “Is There a Present Test?” 990 Claiborne, 458 U.S. at 928 n.71. In Planned Parenthood v. American Coalition of Life Activists, the en banc Ninth Circuit, by a 6-to-5 vote, upheld a damage award in favor of four physicians and two health clinics that provide medical services, including abortions, to women.991 The plaintiffs had sued under a federal statute that gives aggrieved persons a right of action against whoever by “threat of force . . . intentionally . . . intimidates any person because the person is or has been . . . providing reproductive health services.” The defendants had published “WANTED,” “unWANTED,” and “GUILTY” posters with the names, photographs, addresses, and other personal information about abortion doctors, three of whom were subsequently murdered by abortion opponents. The defendants also operated a “Nuremberg Files” website that listed approximately 200 people under the label “ABORTIONIST,” with the legend: “Black font (working); Greyed-out Name (wounded); Strikethrough (fatality).”992 The posters and the website contained no language that literally constituted a threat, but, the court found, “they connote something they do not literally say,” namely “You're Wanted or You're Guilty; You'll be shot or killed,”993and the defendants knew that the posters caused abortion doctors to “quit out of fear for their lives.”994 The Ninth Circuit concluded that a “true threat” is “a statement which, in the entire context and under all the circumstances, a reasonable person would foresee would be interpreted by those to whom the statement is communicated as a serious expression of intent to inflict bodily harm upon that person.”995 “It is not necessary that the defendant intend to, or be able to carry out his threat; the only intent requirement for a true threat is that the defendant intentionally or knowingly communicate the threat.”996
81 +2. 1AR theory is legitimate and no neg RVI
82 +a) it would be impossible to check NC abuse since the 6 min NR could go all in on theory, disincentivizing 1AR theory.
83 +b) I solve reciprocity – neg has exclusive access to T so if they also got rvi’s there could never be reciprocity.
84 +3. Aff theory is a reason to drop the debater
85 +a) the time crunched 1ar is insufficient to win both theory and substance, so aff has no ability to check abuse leading to infinite harm
86 +b) the 2nr can collapse on aff theory making it impossible for the aff to cover all of the arguments in the three minute 2ar if they split their time with substance and theory
87 +4. I am willing to clarify to attempt to meet all T interps in CX, means unless they read word for word what the interpretation on the T shell is during Cx, disregard their shell. This is key- multiple legitimate interpretations of the topic means that the neg can always pick whichever one I violate such as plans good/bad, so give me a chance to comply.
88 +5. Prefer reasonable aff interps and drop the argument on T. The judge should use reasonability with a bright line of the presence of link and impact turn ground for the negative. Since they have equal access to offense, there’s no abuse because structural access to the ballot is the same.
89 +a) deters frivolous theory
90 +b) allows us to go back to substance. Reasonability with this specific bright line allows us to better collapse to substance
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