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+Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech. |
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+CP Text: |
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+At the next available test case, the Supreme Court of the United States ought to establish an academic exemption to the first prong of the free speech limitation from Garcetti v. Ceballos except for term papers produced by professionals who sell them to students who turn them in as original work |
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+B. Competes through mutual exclusivity- I don't include term papers while the aff does. |
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+C. Net benefits- |
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+1. Plagiarism |
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+The sale of term papers, although blatant plagiarism, is speech protected by the first amendment |
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+Duke Law Journal 73, Term Paper Companies and the Constitution, 1973, 1275-1317 (1974) Available at: http://scholarship.law.duke.edu/dlj/vol22/iss6/3 |
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+TERM PAPERS AS PROTECTED SPEECH UNDER THE FIRST AMENDMENT The preparation and sale of term papers involves not only written communication but also "pure speech," an exchange of ideas arguably protectable under the first amendment . 2 The Supreme Court has indicated that this protection extends to even the most marginal "exchanges of ideas." Justice Frankfurter conceded in his dissent to Winters v. New York17 that "~~wiholly neutral futilities, of course, come under the protection of free speech as fully as do Keats' poems or Donne's sermons." The majority in Winters stated, with more enthusiasm, that even though the magazines in question contained "nothing of any possible value," they were "as much entitled to the protection of free speech as the best of literature." ' A term paper, arguably, is somewhat more than a "~~wiholly neutral futilit~~y~~" and is clearly entitled to as much constitutional protection as magazines which contain "nothing of any possible value to society." |
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+If it is at all ambiguous if term papers are protected you should err neg, colleges should censor the speech just in case it slips through the cracks of the government. |
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+Plagiarism harms the academic environment in universities |
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+Colantuono** ~~Florence Colantuono, "Academic Plagiarism." Explorable.~~** |
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+**The written word is used to gauge a persons experience and achievement, **when something is plagiarized it does not afford **the reader** a true opportunity **to understand the writer,** to gauge progress** in academia. Clearly this act impacts the writers learning. If when presented with a paper an unknowing instructor provides constructive criticism that is meant for the writer to help improve, it is wasted. The author can never know the status of their work if it is not their own. **Academic plagiarism** affects many people along the way. It obviously affects the person whose work has been plagiarized by not affording the author credit for hard work. It **affects the person who commits' the plagiarism by not affording** the person **an opportunity to receive constructive feedback.** By not sharing ones own ideas important milestones are missed. It affects the efforts of the instructor to gauge the material being taught as useful of not. Generally academic plagiarism affects the academic community as a whole. **Academic success is based on the ability of the institution to affect** both **public** and corporate **policy**, **with a high plagiarism rate the institution will lose standing and creditability. |