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... ... @@ -1,0 +1,108 @@ 1 +=1-off = 2 + 3 + 4 +====Free Speech Link: Free speech protections are not neutral. They're what conservatives and large corporations use to cover their actions ==== 5 +**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 6 +A similar transformation, I suspect, is overtaking the principle of free speech today 7 +AND 8 +the absolutist interpretation of the first amendment that the left traditionally has favored. 9 + 10 + 11 +====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 ==== 12 +**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~~ 13 +First, the paradigm includes an awareness of the First Amendment's limitations. Early in 14 +AND 15 +so that they have little credibility in the eyes of listeners.' 9 16 + 17 + 18 +====Protests at the University of Missouri prove this true. Unhindered exercise of the First Amendment structurally antagonizes black students ==== 19 +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 20 +If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong 21 +AND 22 +going to help our country live up to what we say we believe." 23 + 24 + 25 +====Ignoring the rule of law's hidden violence fuels euro-centric imperialism ==== 26 +**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~~ 27 +Law's imperial reach, it massive authority, in liberal politics is a brute, 28 +AND 29 +in last two centuries in articulating a dismissive image of the native Other. 30 + 31 + 32 +====The alternative is to embrace the indeterminacy of the law. The rule of law only has power when people believe in its objective power ==== 33 +**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 34 +Let us assume that I have failed to convince you of the impossibility of reforming 35 +AND 36 +the law to make it wholly definite and consistent, we should not. 37 + 38 + 39 +====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==== 40 +**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 41 +Critical educational theorists have shown how all forms of education eventually become institutions that tend 42 +AND 43 +within the confines of formal legal education in the United States today. 44 + 45 + 46 +====The role of the ballot is to reject unequal power structures – this is the only way to make educational spaces truly fair==== 47 +Trifonas 03 **~~PETER PERICLES TRIFONAS. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE/ RoutledgeFalmer. New York, London. 2003. Questia~~** 48 +**. Thus, **paying attention to how power operates along axes of** gender, race** 49 +**AND** 50 +**teaching and learning as a mutual and collaborative act between teachers and students. ** 51 + 52 + 53 +=2-off = 54 + 55 + 56 +====Current protections against hate speech are working – on campus harrassment is decreasing nationally now. Sutton 16 ==== 57 +**Sutton 16** Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16,http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/full // 58 +A recent report released by the National Center for Education Statistics found an overall decrease 59 +AND 60 +lower than in 2001 for every category except forcible sex offenses and murder. 61 + 62 + 63 +====Hate speech is permissible under the first amendment despite the exceptions ==== 64 +**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 65 +I keep hearing about a supposed "hate speech" exception to the First Amendment 66 +AND 67 +that people might condemn but that does not constitute a legally relevant category. 68 + 69 + 70 +====Free speech used as a cover to justify hate speech like anti-semitic speech ==== 71 +**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 72 +During recent years, American college campuses have seen numerous alarming examples8° of the 73 +AND 74 +This has been an enormous challenge for civil rights enforcement in this area. 75 + 76 + 77 +====Empirics prove that hate speech leads to hate crimes ==== 78 +**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 79 +Although there are flaws in the FBI's method of tracking and monitoring hate crimes, 80 +AND 81 +this great nation—the discrimination and "othering" of minority communities. 82 + 83 + 84 +====Turn: silencing people is inevitable but harassment creates an even greater chilling effect in both students and faculty ==== 85 +**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 86 +Unavoidably, antidiscrimination law will have the effect of silencing some discriminators, just as 87 +AND 88 +they will be accused of trying to silence debate or suppress academic freedom. 89 + 90 + 91 +====cP Text: public colleges and universities shall not restrict free speech except in instances of hate speech. ==== 92 + 93 + 94 +=3-off = 95 + 96 + 97 +====Debate should deal with the real-world consequences of oppression. ==== 98 +Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014, 99 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 100 +AND 101 +used to currently justify the living wages in under our contemporary moral parameters. 102 + 103 + 104 +====Ethics is divided between ideal and non-ideal theory. Ideal theory ask what justice demands in a perfect world while non-ideal theory ask what justice demands in a world that is already unjust. Prefer non-ideal theory as a meta-ethical starting point: ==== 105 + 106 + 107 +====1. Motivation: 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 ==== 108 +"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 impl~~ies~~ 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 anyone 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?" - EntryDate
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