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  • Caselist.CitesClass[35]
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Caselist.CitesClass[35]

EntryDate

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1		-2016-12-16 22:40:44.291
	1	+2016-12-16 22:40:44.0

Caselist.CitesClass[36]

Cites

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	1	+Not restricting constitutionally protected speech means the government yanks away funding from institutions
	2	+FIRE 16. Foundatiion for Individual Rights in Education, 4-25-2016, "Department of Justice: Title IX Requires Violating First Amendment," Foundation for Individual Rights in Education, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment///AD
	3	+The Department of Justice now interprets Title IX to require colleges and universities to violate the First Amendment. In an April 22 findings letter concluding its investigation into the University of New Mexico’s policies and practices regarding sex discrimination, the Department of Justice (DOJ) found the university improperly defined sexual harassment. DOJ flatly declared that “unwelcome conduct of a sexual nature”—including “verbal conduct”—is sexual harassment “regardless of whether it causes a hostile environment or is quid pro quo.” To comply with Title IX, DOJ states that a college or university “carries the responsibility to investigate” all speech of a sexual nature that someone subjectively finds unwelcome, even if that speech is protected by the First Amendment or an institution’s promises of free speech. “The Department of Justice has put universities in an impossible position: violate the Constitution or risk losing federal funding,” said Foundation for Individual Rights in Education (FIRE) President and CEO Greg Lukianoff. “The federal government’s push for a national speech code is at odds with decades of legal precedent. University presidents must find the courage to stand up to this federal overreach.” The shockingly broad conception of sexual harassment mandated by DOJ all but guarantees that colleges and universities nationwide will subject students and faculty to months-long investigations—or worse—for protected speech. In recent years, unjust “sexual harassment” investigations into protected student and faculty speech have generated national headlines and widespread concern. Examples include: Northwestern University Professor Laura Kipnis was investigated for months for writing a newspaper article questioning “sexual paranoia” on campus and how Title IX investigations are conducted. Syracuse University law student Len Audaer was investigated for harassment for comedic articles he posted on a satirical law school blog patterned after The Onion. A female student at the University of Oregon was investigated and charged with harassment and four other charges for jokingly yelling “I hit it first” out a window at a couple. The Sun Star, a student newspaper at the University of Alaska Fairbanks, was investigated for nearly a year for an April Fools’ Day issue of the newspaper and for reporting on hateful messages posted to an anonymous “UAF Confessions” Facebook page. And just two weeks ago, a police officer at the University of Delaware ordered students to censor a “free speech ball”—put up as part of a demonstration in favor of free speech—because it had the word “penis” and an accompanying drawing on it, claiming that it could violate the university’s sexual misconduct policy. DOJ’s rationale would not just legitimize all of the above investigations—it would require campuses to either conduct such investigations routinely or face potential federal sanctions. This latest findings letter doubles down on the unconstitutional and controversial “blueprint” definition of sexual harassment jointly issued by DOJ and the Department of Education’s Office for Civil Rights in a May 2013 findings letter to the University of Montana. FIRE and other civil liberties advocates at the time warned that the controversial language threatens the free speech and academic freedom rights of students and faculty members. “Requiring colleges to investigate and record ‘unwelcome’ speech about sex or gender in an effort to end sexual harassment or assault on campus is no more constitutional than would be a government effort to investigate and record all ‘unpatriotic’ speech in order to root out treason,” said Robert Shibley, FIRE’s executive director. “Students, faculty, and administrators must not give in to this kind of campus totalitarianism—and FIRE is here to fight alongside them.” In January, FIRE sponsored a lawsuit filed against Louisiana State University (LSU) that challenges the unconstitutional definition of sexual harassment being promulgated by the Departments of Education and Justice in this and in previous letters. Teresa Buchanan, a tenured associate professor of early childhood education in LSU’s acclaimed teacher certification program, was fired for “sexual harassment” under an LSU policy that tracks the federal government’s broad definition. Buchanan’s lawsuit challenges the policy’s constitutionality and its application to her. FIRE is a nonpartisan, nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and freedom of conscience at our nation’s colleges and universities. FIRE’s efforts to preserve liberty on campuses across America can be viewed at thefire.org.
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	5	+State funding is already down – federal funding key to maintain universities.
	6	+Mitchell et al 16. Mitchell, MichaelMichael Mitchell is a Senior Policy Analyst with the Center’s State Fiscal Policy division. Prior to joining the Center, Mitchell worked as a State Policy Fellow for the Washington State Budget and Policy Center, where he conducted research on state taxes and borrowing, the effects of budget cuts on communities of color, and the impacts of the recession on young adults. Mitchell holds a B.A. in Economics and Political Science from the University of Connecticut and an MPA from the Maxwell School at Syracuse University , Michael LeachmanMichael Leachman is Director of State Fiscal Research with the State Fiscal Policy division of the Center, which analyzes state tax and budget policy decisions and promotes sustainable policies that take into account the needs of families of all income levels. Since joining the Center in 2009, Leachman has researched a range of state fiscal policy issues including the impact of federal aid, the debt states owe in their Unemployment Insurance trust funds, and the wisdom of state spending limits. Prior to joining the Center, he was a policy analyst for nine years at the Oregon Center for Public Policy (OCPP), a member of the State Priorities Partnership. His work at OCPP included research on corporate income taxes, reserve funds, spending limits, the Earned Income Tax Credit, food stamps, and TANF. Earlier in his career, Leachman worked as a community organizer in Chicago and, during graduate school, conducted a range of research projects in collaboration with community organizations. Leachman holds a Ph.D. in sociology from Loyola University Chicago, and Kathleen MastersonKathleen Masterson joined the Center as a Research Assistant for the State Fiscal Project in April 2015. Prior to joining SFP, she interned at the Center with the Food Assistance team, primarily tracking the implementation of the community eligibility provision. Masterson has also interned with the Arms Control Association and spent a year teaching English in China. She holds a MPIA from the University of Pittsburgh, and a B.A. in History and Political Science from The College of William and Mary. "Funding Down, Tuition Up." Funding Down, Tuition Up. Center on Budget and Policy Priorities, 15 Aug. 2016. Web. 11 Dec. 2016. http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up//AD
	7	+As tuition soared after the recession, federal financial aid also increased. The Federal Pell Grant Program ― the nation’s primary source of student grant aid ― increased the amount of aid it distributed by just over 80 percent between the 2007-08 and 2014-15 school years. This substantial boost has enabled the program not only to reach more students ― 2.7 million more students received Pell support last year than in 2008 ― but also to provide the average recipient with more support. The average grant rose by 21 percent — to $3,673 from $3,028.44 The increase in federal financial aid has helped many students and families cover recent tuition hikes. The College Board calculates that the annual value of grant aid and higher education tax benefits for students at four-year public colleges nationally has risen by an average of $1,410 in real terms since the 2007-08 school year, offsetting about 61 percent of the average $2,320 tuition increase. For community colleges, increases in student aid have more than made up the difference, leading to a drop in net tuition for the average student.45 Since the sticker-price increases have varied so much from state to state while federal grant and tax-credit amounts are uniform across the country, students in states with large tuition increases ¾ such as Arizona, Georgia, and Louisiana ¾ likely still experienced substantial increases in their net tuition and fees, while the net cost for students in states with smaller tuition increases may have fallen. Financial aid provided by states, however — which was far less than federal aid even before the recession — has fallen on average. In the 2007-2008 school year, state grant dollars equaled $740 per student. By 2014, the latest year for which full data is available, that number had fallen to $710, a drop of roughly 4 percent.46
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	9	+Loss of funding kills quality of education – turns case
	10	+Mitchell et al 2. Mitchell, MichaelMichael Mitchell is a Senior Policy Analyst with the Center’s State Fiscal Policy division. Prior to joining the Center, Mitchell worked as a State Policy Fellow for the Washington State Budget and Policy Center, where he conducted research on state taxes and borrowing, the effects of budget cuts on communities of color, and the impacts of the recession on young adults. Mitchell holds a B.A. in Economics and Political Science from the University of Connecticut and an MPA from the Maxwell School at Syracuse University , Michael LeachmanMichael Leachman is Director of State Fiscal Research with the State Fiscal Policy division of the Center, which analyzes state tax and budget policy decisions and promotes sustainable policies that take into account the needs of families of all income levels. Since joining the Center in 2009, Leachman has researched a range of state fiscal policy issues including the impact of federal aid, the debt states owe in their Unemployment Insurance trust funds, and the wisdom of state spending limits. Prior to joining the Center, he was a policy analyst for nine years at the Oregon Center for Public Policy (OCPP), a member of the State Priorities Partnership. His work at OCPP included research on corporate income taxes, reserve funds, spending limits, the Earned Income Tax Credit, food stamps, and TANF. Earlier in his career, Leachman worked as a community organizer in Chicago and, during graduate school, conducted a range of research projects in collaboration with community organizations. Leachman holds a Ph.D. in sociology from Loyola University Chicago, and Kathleen MastersonKathleen Masterson joined the Center as a Research Assistant for the State Fiscal Project in April 2015. Prior to joining SFP, she interned at the Center with the Food Assistance team, primarily tracking the implementation of the community eligibility provision. Masterson has also interned with the Arms Control Association and spent a year teaching English in China. She holds a MPIA from the University of Pittsburgh, and a B.A. in History and Political Science from The College of William and Mary. "Funding Down, Tuition Up." Funding Down, Tuition Up. Center on Budget and Policy Priorities, 15 Aug. 2016. Web. 11 Dec. 2016. http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up//AD
	11	+Years of cuts in state funding for public colleges and universities have driven up tuition and harmed students’ educational experiences by forcing faculty reductions, fewer course offerings, and campus closings. These choices have made college less affordable and less accessible for students who need degrees to succeed in today’s economy. YEARS OF CUTS HAVE MADE COLLEGE LESS AFFORDABLE AND LESS ACCESSIBLE FOR STUDENTS.Though some states have begun to restore some of the deep cuts in financial support for public two- and four-year colleges since the recession hit, their support remains far below previous levels. In total, after adjusting for inflation, funding for public two- and four-year colleges is nearly $10 billion below what it was just prior to the recession. As states have slashed higher education funding, the price of attending public colleges has risen significantly faster than the growth in median income. For the average student, increases in federal student aid and the availability of tax credits have not kept up, jeopardizing the ability of many to afford the college education that is key to their long-term financial success. States that renew their commitment to a high-quality, affordable system of public higher education by increasing the revenue these schools receive will help build a stronger middle class and develop the entrepreneurs and skilled workers that are needed in the new century. Of the states that have finalized their higher education budgets for the current school year, after adjusting for inflation:2 Forty-six states — all except Montana, North Dakota, Wisconsin, and Wyoming — are spending less per student in the 2015-16 school year than they did before the recession.3 States cut funding deeply after the recession hit. The average state is spending $1,598, or 18 percent, less per student than before the recession. Per-student funding in nine states — Alabama, Arizona, Idaho, Illinois, Kentucky, Louisiana, New Hampshire, Pennsylvania, and South Carolina — is down by more than 30 percent since the start of the recession. In 12 states, per-student funding fell over the last year. Of these, four states — Arkansas, Illinois, Kentucky, and Vermont — have cut per-student higher education funding for the last two consecutive years. In the last year, 38 states increased funding per student. Per-student funding rose $199, or 2.8 percent, nationally. Deep state funding cuts have had major consequences for public colleges and universities. States (and to a lesser extent localities) provide roughly 54 percent of the costs of teaching and instruction at these schools.4 Schools have made up the difference with tuition increases, cuts to educational or other services, or both. Since the recession took hold, higher education institutions have: Increased tuition. Public colleges and universities across the country have increased tuition to compensate for declining state funding and rising costs. Annual published tuition at four-year public colleges has risen by $2,333, or 33 percent, since the 2007-08 school year.5 In Arizona, published tuition at four-year schools is up nearly 90 percent, while in six other states — Alabama, California, Florida, Georgia, Hawaii, and Louisiana — published tuition is up more than 60 percent. These sharp tuition increases have accelerated longer-term trends of college becoming less affordable and costs shifting from states to students. Over the last 20 years, the price of attending a four-year public college or university has grown significantly faster than the median income.6 Although federal student aid and tax credits have risen, on average they have fallen short of covering the tuition increases. Tuition increases have compensated for only part of the revenue loss resulting from state funding cuts. Over the past several years, public colleges and universities have cut faculty positions, eliminated course offerings, closed campuses, and reduced student services, among other cuts. A large and growing share of future jobs will require college-educated workers.7 Sufficient public investment in higher education to keep quality high and tuition affordable, and to provide financial aid to students who need it most, would help states develop the skilled and diverse workforce they will need to compete for these jobs. Sufficient public investment can only occur, however, if policymakers make sound tax and budget decisions. State revenues have improved significantly since the depths of the recession but are still only modestly above pre-recession levels.8 To make college more affordable and increase access to higher education, many states need to supplement that revenue growth with new revenue to fully make up for years of severe cuts. But just as the opportunity to invest is emerging, lawmakers in a number of states are jeopardizing it by entertaining tax cuts that in many cases would give the biggest breaks to the wealthiest taxpayers. In recent years, states such as Wisconsin, Louisiana, and Arizona have enacted large-scale tax cuts that limit resources available for higher education. And in Illinois and Pennsylvania ongoing attempts to find necessary resources after large tax cuts threaten current and future higher education funding.

EntryDate

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	1	+2016-12-16 22:40:44.730

Judge

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	1	+Sean McCormick

Opponent

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	1	+LHP SS

ParentRound

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	1	+17

Round

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	1	+2

Team

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	1	+Westwood Amodwala Neg

Title

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	1	+JanFeb - DA - Funding

Tournament

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	1	+Strake