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... ... @@ -1,0 +1,53 @@ 1 +NLM 1AC 2 + 3 +I affirm Resolved: The United States ought to limit qualified immunity for police officers 4 + 5 +Resolutional Framing 6 + 7 +The value is justice because ought is “used to express justice.” That’s Random House 2k16. 8 +"ought". Dictionary.com Unabridged. Random House, Inc. 22 Jul. 2016. Dictionary.comhttp://www.dictionary.com/browse/ought. 9 + 10 +The criterion is minimizing human suffering and subsequently death through youngs politics of differnce 11 + 12 +Every person and institution has an obligation to minimize suffering. Util fails as it has no priorities rather we should have a universal effort to minimize suffering with an emphasis on structural impacts; power relations form many harms thus we should minimize those that are endemic to society first. 13 +Young 2010 Iris Marion. Professor of Political Science at the University ofx Chicago, affiliated with the Center for Gender Studies and the Human Rights program @ UChicago. Responsibility for Justice, published by Oxford University Press in 2010. pp.137-9 14 +Some philosophers reject the claim that the scope of obligations of justice extends only to 15 +AND 16 +can maximize their ability to act jointly and minimize violent conflict among them. 17 + 18 +The resolution is a question of limiting qualified immunity’s justice, so you vote aff as long as limiting qualified immunity is net just regardless of whether there are other more just options. 19 + 20 +Part 1 is Police Brutality 21 + 22 +Qualified Immunity, aka QI, is what fuels and allows for police brutality. We check our police with suits, and QI doesn’t even allow for that. It allows officers to feel safe acting in deadly ways by not allowing prosecution without a court precedent. This means victims of police brutality can rarely bring justice to their attackers. Then since officers are never held accountable, they can hurt as they please often with biases which reinforces social issues like racism. Thus, since limiting QI holds officers accountable, it reduces police brutality by destroying what it roots from- a lack of accountability. 23 +Wright 15 Sam Wright, 11-25-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. 24 +Recently, police have been killing and otherwise abusing people of color with what seems 25 +AND 26 +show that that conduct’s illegality has already been clearly established in the courts? 27 + 28 +QI’s loophole that allows for police brutality, hurts Natives the most and although anti-Black violence is decreasing, Natives haven’t seen such a decrease- Native fatalities by police are expected to double this year 29 +Indian Country Today 16 Indian Country Today Media Network, 8-4-2016, "Number of Native Americans Killed By Police Could Double By End of 2016," http://indiancountrytodaymedianetwork.com/2016/08/04/native-americans-killed-police-could-double-end-2016-165372 Read more at http://indiancountrytodaymedianetwork.com/2016/08/04/native-americans-killed-police-could-double-end-2016-165372 30 +The number of Native Americans killed by police is on track to double this year 31 +AND 32 +that it will investigate on grounds of racial bias, The Guardian reported. 33 + 34 +This is what the world hides: Part 2 is Settlerism 35 + 36 +The power that maintains the disappearance of indigenous peoples. Settlers don't just erase indigenous people—but the settler as well—they forget the violent erasure of native people that founds and sustains us—Settlerism forgets the US’ ongoing role as a colonizer and allows it to completely erase its sins and Natives themselves. 37 +Henderson 15 Phil. Department of Political Philosophy at the University of Victoria. “Imagoed communities: the psychosocial space of settler colonialism,” published in SETTLER COLONIAL STUDIES. Pg 2-3. Accessible here at: http://dx.doi.org/10.1080/2201473X.2015.1092194, Reichle 38 +While colonialism is present as an historic fact within public consciousness, settler colonialism remains 39 +AND 40 +‘everywhere that there are settler collectives, and it occurs constantly’. 13 41 + 42 +The discussion of the resolution and police accountability CANNOT continue to ignore Native Americans. The problem for Native Americans is indeed one of accountability- the very thing that qualified immunity prevents. QI helps erase the indigenous by allowing officers to kill them with no repurcusions even being rewarded with the esteemed Medal of Honor. This is a continuation of a centuries old genocide. 43 +Moya-Smith 14 Simon Moya-Smith, 12-24-2014, "Who's most likely to be killed by police?," CNN, http://www.cnn.com/2014/12/24/opinion/moya-smith-native-americans/ 44 +As the country continues to debate police accountability and the all-too-routine 45 +AND 46 +only a little. We will still have a long way to go. 47 + 48 +Addressing actual violence comes before abstract revolution since survival is a prerequisite to change. Stopping state violence at its root is just as critical as more abstract radical solutions to fixing settlerism. 49 +Jace WEAVER Director of the Inst. of Native American Studies Franklin Professor of Native American Studies and Religion @ Georgia ‘7 “More Light Than Heat The Current State of Native American Studies” American Indian Quarterly 31 (2) p.248-251 50 +***NAS = Native American Studies 51 +In our histories, we know numerous warriors 52 +AND 53 +then will we stand a chance of consistently generating more light than heat. - EntryDate
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... ... @@ -1,0 +1,57 @@ 1 +Anti-Ethics 1AC 2 + 3 +I affirm Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. 4 + 5 +First is Resolution Framing 6 + 7 +The standard is minimizing racism because challenging institutional racism is the prior ethical question— racism violates all conceptions of morality, justice, and what it means to be human. 8 +Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165 9 +The struggle against racism will be long, difficult, without intermission, without remission 10 +AND 11 +. True, it is a wager, but the stakes are irresistible. 12 + 13 +analytic 14 + 15 +Links 16 + 17 +1. Restrictions on speech are inherently oppressive. The status quo’s movement towards silencing protest with things like free speech zones has proven to reaffirm whiteness. Any restriction can be bent to silence dissent. 18 +Elmer and Opel 8 (Greg Elmer, associate professor of communication and culture at Ryerson University, PhD in communication from the University of Massachusetts at Amherst, director of the Infoscape Research Lab at Ryerson University, Andy Opel, associate professor of communication at Florida State University, PhD in mass communication from the University of North Carolina, member of the International Communication Association, November 2008, “Preempting Dissent: The Politics of an Inevitable Future,” pages 29-41, GENDER MODIFIED) 19 +SHORTLY AFTER THE LARGE-SCALE PROTESTS against the World Trade Organization in Seattle in 20 +AND 21 +political compliance as it is a technique for reducing actual risks and dangers. 22 + 23 +2. Restrictions’ politics of safety kills radical demands-they are manipulated to uphold the safety of people in power and causes an identification with victimization that papers over power struggles-this form of anti-risk politics inevitably results in reformism as the safest political strategy-safety is constructed against the endemic violence of white civil society. 24 +Wang 2012 Jackie. JackieWang is a Ph.D student in African and African American Studies at Harvard University, a writer, poet, musician, and academic whose writing has been published by Lies Journal, Semiotext(e), and numerous zines. “Against Innocence: Race, Gender, and the Politics of Safety.” Lies: A Journal of Materialist Feminism. Volume 1. 2012. Pg. 145-173. 25 +The discursive strategy of appealing to safety and innocence is also enacted on a micro 26 +AND 27 +, and — above all — are constituted by this repetition of violence. 28 + 29 +3. Reformism reaffirms racism: Restrictions on speech represent a false hope for reform in civil society, Optimism regarding society reifies the rationale of institutions which can never be ethically redeemable for blackness- -time does not progress but accumulates and repeats -from the slave system to the prison system-black death and enslavement are endemic features of civil society which are covered up and only mutated by reforms -means it’s try or die for pessimism- Black agency is found within a refusal of civil society 30 +Dillon 2013 Stephen. Stephen Dillon, assistant professor of Queer Studies at Hampshire College, holds a B.A. from the University of Iowa and a Ph.D. in American Studies with a minor in Critical Feminist and Sexuality Studies from the University of Minnesota. “Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State.” Ph.D Dissertation. https://conservancy.umn.edu/bitstream/handle/11299/153053/Dillon_umn_0130E_13833.pdf?sequence=1. SH 31 +In one of the first lines of the film, a state newscaster covering the 32 +AND 33 +what the future will be. The future will be what was before. 34 + 35 +4. Abstract Ethics Fail. Saying “we ought to engage in something” implies a moral obligation that the black thinker does not have access to because the world is framed by white supremacy. 36 +Curry 13 Curry, Tommy J. doctor in Associate Professor of Philosophy, Affiliated Professor of Africana Studies, Texas A and M University In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical. 2013. 37 +Ought implies a projected (futural) act. The word commands a deliberate action 38 +AND 39 +what possibility the world allows Blacks to contemplate under the idea of ethics. 40 + 41 +The impact 42 + 43 +is white supremacy, a global modality of genocidal violence – Slavery may have ended in name, but its operational logic continues to fester. Reformist measures simply provide fuel for Whiteness eradicating everything else 44 +Rodriguez ’11 (Dylan, PhD in Ethnic Studies Program of the University of California Berkeley and Associate Professor of Ethnic Studies at University of California Riverside, “The Black Presidential Non-Slave: Genocide and the Present Tense of Racial Slavery”, Political Power and Social Theory Vol. 22, pp. 38-43) 45 +To crystallize what I hope to be the potentially useful implications of this provocation toward 46 +AND 47 +while well over a million Black people are incarcerated with the overwhelming consent of 48 + 49 +Thus the advocacy 50 + 51 +I affirm that public colleges and universities in the United States ought not restrict constitutionally protected speech as a general principle, I reserve the right to clarify in CX 52 + 53 +The demand for ethical action in our debates plays within anti-black structures and can never overcome its unethical violence-a truly liberatory movement requires an anti-ethics which recognizes the impossibility of redeeming whiteness through ethical action. 54 +Curry 2 Curry, Tommy J. doctor in Associate Professor of Philosophy, Affiliated Professor of Africana Studies, Texas A and M University In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical. 2013. 55 +Anti-ethics; the call to demystify the present concept of man as illusion 56 +AND 57 +, the debasement of melaninated bodies and nigger-souls, is totalizing. - EntryDate
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... ... @@ -1,0 +1,91 @@ 1 +I affirm Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech. 2 + 3 +The value is morality because ought means a moral obligation. 4 + 5 +The resolution is a question of academic freedom. The present convolution around liberty has always been ambiguous and constantly challenged. In order to solve the moral problems in universities, we need to maximize academic freedom, thus the criterion is maximizing academic freedom. 6 +Demaske 2k16 Demaske, Chris (2016). “Not Just A Nice Job Perk”: Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53. 7 +Much as journalists frequently assert that they have a “right to know,” scholars 8 +AND 9 +to argue for a more complex and constitutionally grounded conception of academic freedom. 10 + 11 +Free speech is a pre-requisite to any morality- without it self-realization is impossible. 12 +Eberle 94 Eberle, Law @ Roger Williams, 94 (Wake Forest LR, Winter) 13 +The Court's decision in R.A.V. reaffirms the preeminence of free 14 +AND 15 +Accordingly, any suspicion or evidence of governmental censorship must be vigilantly investigated. 16 + 17 +Observation 1 18 + 19 +Hate speech is not constitutionally protected: there are exceptions to the first amendment for harmful types of speech, I don’t defend the non-restriction or protection of harmful speech 20 +Usccourts.gov United States Courts, xx-xx-xxxx, "What Does Free Speech Mean?," http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does 21 +Freedom of speech does not include the right: To incite actions that would harm 22 +AND 23 +Morse v. Frederick, __ U.S. __ (2007) 24 + 25 +Thus if the negative says restrictions of hate speech are good, that doesn’t mean anything since it is not protected speech and thus out of the purview of speech that the resolution makes me defend. They have to win that restrictions on constitutionally protected speech are good to win. 26 + 27 +Contention 1 is Academic Freedom 28 + 29 +Universities can crack down even on students and professors with no explanation – this destroys critical thought and expression. 30 +Fiorillo 15 (CCP Adjunct Professor, Black Lives Matter Activist Suspended After Speaking at Rally Divya Nair to face a disciplinary hearing this week. A Change.org petition to reinstate her has over 270 signatures. BY VICTOR FIORILLO , OCTOBER 14, 2015, http://www.phillymag.com/news/2015/10/14/professor-suspended-black-lives-matter-divya-nair/) 31 +Last Thursday, at a rally initiated by the Revolutionary Student Coordinating Committee, PHL 32 +AND 33 +adjunct faculty member, and they think they can get rid of her.” 34 + 35 +Public colleges and universities almost always win their cases and thus can get whoever they want punished. Even though by definition of the first amendment, scholars are protected, the court always interprets cases to favor institutions. 36 +UIUC Journal of Law 2k16 University of Illinois at Urbana-Champaign. "First Amendment offers scant protection for professors." ScienceDaily. ScienceDaily, 9 May 2016. www.sciencedaily.com/releases/2016/05/160509191016.htm 37 +A new study by a University of Illinois employment law expert determined that the First 38 +AND 39 +than what it is ~-~- a laboratory of thought, experimentation and speech.". 40 + 41 +Speech restrictions are an oppressive means to control thought production, and although they start with justified limits, admins can bend the rules to use those limits to silence any speech. Allowing for any restrictions leaves this opportunity open and we already know that the admins always win. This destroys student’s potential to truly learn or create change. America has no future when colleges suppress thought. 42 +Wogulis 9 Daniel Wogulis December 15, 2009, 12-15-2009, "On the Consequences of Oppressing Free Speech," FIRE, https://www.thefire.org/on-the-consequences-of-oppressing-free-speech/ 43 +Since its inception, the United States of America has been the site of vicious 44 +AND 45 +to freely express themselves-in all places, and at all times. 46 + 47 +The solution is non-restriction and thus preservation of academic freedom, this is the gateway to philosophical thought and moral education itself. Only a blanket protection solves, individual instances don’t get rid of the overarching idea that admins can do what they want. 48 +Demaske 2 Demaske, Chris (2016). “Not Just A Nice Job Perk”: Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53. 49 +Given the financial pressures on higher education, and the most recent U.S 50 +AND 51 +new category of speech should receive the utmost protection under the First Amendment. 52 + 53 +Contention 2 is Moral Necessity 54 + 55 +Free speech facilitates the development of moral reasoning- restrictions should be rejected on face 56 +Dwyer 01 (Susan, Phil@Maryland, Nordic Journal of Philosophy, Vol. 2, No. 2 ® Philosophia Press 2001) 57 +Direct Nonconsequentialism Let us return to the central topic: free speech. From the 58 +AND 59 +free speech in one place, we strengthen (protect) it everywhere. 60 + 61 +Even consequentially, Free speech is a gateway to every other impact. 62 +D’Souza 96 (Frances, Prof. Anthropology Oxford, http://www.europarl.europa.eu/hearings/19960425/droi/freedom_en.htm?textMode=on) 63 +In the absence of freedom of expression which includes a free and independent media, 64 +AND 65 +is needed to re-inforce government policies and intentions at every turn. 66 + 67 +Contention 3 is Failure of Restriction 68 + 69 +Restrictions of hate speech are part of a demand for progress that does nothing productive and only anger the masses. Universities become echo chambers where only some voices are sheltered. This creates no change and only hides the reality of America while simultaneously only creating backlash from other voices. Trump’s election and its aftermath prove how we use restrictions to hide ourselves from the reality of other viewpoints. 70 +Kristof 16 Nicholas Kristof, 12-10-2016, "The Dangers of Echo Chambers on Campus," New York Times, http://www.nytimes.com/2016/12/10/opinion/sunday/the-dangers-of-echo-chambers-on-campus.html?_r=0 71 +After Donald Trump’s election, some universities echoed with primal howls. Faculty members canceled 72 +AND 73 +correcting that is for us liberals to embrace the diversity we supposedly champion. 74 + 75 +Allowing for freedom of discussion solves better for issues of hate speech. 76 +ACLU 16 American Civil Liberties Union, Hate Speech On Campus, https://www.aclu.org/other/hate-speech-campus 77 +Where racist, sexist and homophobic speech is concerned, the ACLU believes that more 78 +AND 79 +, possibly change them, and forge solidarity against the forces of intolerance. 80 + 81 +Hate speech does not correlate to violence and hate speech restrictions actually increase hate. Telling racists to stop talking only pushes the problem out of our sight while making racists more angry. 82 +Heinze 14 Eric Heinze, Nineteen arguments for hate speech bans – and against them, Free Speech Debate, 3/31/14, http://freespeechdebate.com/en/discuss/nineteen-arguments-for-hate-speech-bans-and-against-them 83 +Here too, within the LSPD model, no statistically reliable causation from patterns of 84 +AND 85 +as hate groups routinely tailor their responses to the existing bans and penalties. 86 + 87 +Even if they win that restrictions are good, again that’s not a reason to negate. Hate speech is not constitutionally protected since it threatens freedom and safety. Furthermore, the state shouldn’t restrict speech, but rather fight back with arguments. This can actually create change whereas restricting free speech can undercut freedom itself and lead to backlash. 88 +West 2k13 Robin, 4-8-2013, "Coercion and Persuasion and Speech: A Comment on Corey Brettschneider’s book, When the State Speaks, What Should it Say?," https://concurringopinions.com/archives/2013/04/coercion-and-persuasion-and-speech-a-comment-on-corey-brettschneidere28099s-book-when-the-state-speaks-what-should-it-say.html#more-73298 prof. Georgetown Law 89 +The state should in effect counter hateful speech with argument – argument that those beliefs 90 +AND 91 +just a few questions regarding the overall project which might suggest friendly amendments. - EntryDate
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