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+==1NC == |
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+ |
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+ |
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+====Free Speech Link: Free speech protections are not neutral. They're what conservatives and large corporations use to cover their actions ==== |
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+**Balkin 90** ~~J.M. BALKIN, Professor of Law and Graves, Dougherty, Hearon, and Moody Centennial Faculty Fellow, University of Texas, "SOME REALISM ABOUT PLURALISM: LEGAL REALIST APPROACHES TO THE FIRST AMENDMENT," Duke Law Journal, June 1990~~ JW |
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+A similar transformation, I suspect, is overtaking the principle of free speech today |
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+AND |
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+the absolutist interpretation of the first amendment that the left traditionally has favored. |
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+ |
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+ |
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+====The First Amendment is seen as a neutral mechanism to produce a free marketplace of ideas when in actuality it favors a status quo that maintains oppressive power structures ==== |
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+**Delgado 94 **~~Delgado, Richard. Charles Inglis Thomson Professor of Law, University of Colorado, "First Amendment formalism is giving way to First Amendment legal realism." Harv CR-CLL Rev. 29 (1994): 169~~ |
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+First, the paradigm includes an awareness of the First Amendment's limitations. Early in |
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+AND |
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+so that they have little credibility in the eyes of listeners.' 9 |
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+ |
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+ |
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+====Protests at the University of Missouri prove this true. Unhindered exercise of the First Amendment structurally antagonizes black students ==== |
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+Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^^th^^, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb |
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+If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong |
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+AND |
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+going to help our country live up to what we say we believe." |
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+ |
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+ |
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+====Ignoring the rule of law's hidden violence fuels euro-centric imperialism ==== |
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+**Dossa 99 ~~**Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, "Liberal Legalism: Law, Culture and Identity," The European Legacy, Vol. 4, No. 3, pp. 73-87,1~~ |
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+Law's imperial reach, it massive authority, in liberal politics is a brute, |
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+AND |
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+in last two centuries in articulating a dismissive image of the native Other. |
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+ |
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+ |
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+====The alternative is to embrace the indeterminacy of the law. The rule of law only has power when people believe in its objective power ==== |
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+**Hasnas 95** ~~John Hasnas, Associate Professor McDonough School of Business Georgetown University, "The Myth of the Rule of Law," Wisconsin Law Review 199 (1995) http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm~~ JW |
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+Let us assume that I have failed to convince you of the impossibility of reforming |
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+AND |
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+the law to make it wholly definite and consistent, we should not. |
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+ |
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+ |
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+====The Role of the Judge is to be a critical legal educator that tests the underlying assumptions of the aff. Engaging in critical examination of the law enables us to challenge its imperialistic violence. Omitting this analysis is to be complicit with the violence the law creates==== |
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+**Valdes 03** ~~Francisco Valdes, Professor of Law and Co-Director, Center for Hispanic and Caribbean Legal Studies, University of Miami, "Outsider Jurisprudence, Critical Pedogogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education," Asian American Law Journal Vol 10 Issue 1, January 2003~~ JW |
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+Critical educational theorists have shown how all forms of education eventually become institutions that tend |
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+AND |
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+within the confines of formal legal education in the United States today. |
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+ |
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+ |
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+====The role of the ballot is to reject unequal power structures – this is the only way to make educational spaces truly fair==== |
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+Trifonas 03 **~~PETER PERICLES TRIFONAS. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE/ RoutledgeFalmer. New York, London. 2003. Questia~~** |
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+**. Thus, **paying attention to how power operates along axes of** gender, race** |
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+**AND** |
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+**teaching and learning as a mutual and collaborative act between teachers and students. ** |
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+ |
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+ |
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+=2-off = |
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+ |
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+ |
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+====Hate speech is permissible under the first amendment despite the exceptions ==== |
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+**Volokh 15** ~~Eugene Volokh, Law Professor at UCLA, "No, there's no "hate speech" exception to the First Amendment," The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262~~ JW |
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+I keep hearing about a supposed "hate speech" exception to the First Amendment |
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+AND |
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+that people might condemn but that does not constitute a legally relevant category. |
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+ |
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+ |
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+====Free speech used as a cover to justify hate speech like anti-semitic speech ==== |
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+**Marcus 08** ~~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW |
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+During recent years, American college campuses have seen numerous alarming examples8° of the |
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+AND |
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+This has been an enormous challenge for civil rights enforcement in this area. |
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+ |
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+ |
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+====Empirics prove that hate speech leads to hate crimes ==== |
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+**Singh 12** ~~Hansdeep Singh, Co-Founder and Director of Legal Programs for the International Center for Advocates Against Discrimination, Simran Jeet Singh, a scholar and activist who writes primarily on culture and religion "The Rise of Hate Crimes Can Be Tied Directly to Hateful Speech," The Daily Beast, Sept. 6, 2012, http://www.thedailybeast.com/articles/2012/09/06/the-rise-of-hate-crimes-can-be-tied-directly-to-hateful-speech.html~~ JW |
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+Although there are flaws in the FBI's method of tracking and monitoring hate crimes, |
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+AND |
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+this great nation—the discrimination and "othering" of minority communities. |
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+ |
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+ |
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+====Turn: silencing people is inevitable but harassment creates an even greater chilling effect in both students and faculty ==== |
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+**Marcus 2** ~~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW |
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+Unavoidably, antidiscrimination law will have the effect of silencing some discriminators, just as |
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+AND |
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+they will be accused of trying to silence debate or suppress academic freedom. |