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1 +=CP – Revenge Pornography =
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7 +====CP text: Public colleges and institutions ought not to restrict constitutionally protected speech except in the instance of revenge pornography ====
8 +Koppelman 15 . Andrew Koppelman ~~John Paul Stevens Professor of Law and Professor of Political Science~~, "Revenge Pornography and First Amendment Exceptions," Emory University School of Law, Volume 65, Issue 3, 09/14/15, http://law.emory.edu/elj/content/volume-65/issue-3/articles/revenge-pornography-first-amendment-exceptions.html//AD
9 +People are marvelously inventive in devising new ways to hurt each other. Some of these new ways involve speech. The Supreme Court has recently declared that speech is protected by the First Amendment unless it is a type of communication that has traditionally been unprotected. If this is the law, then harms will accumulate and the law will be helpless to remedy them. A recent illustration is the new phenomenon of “revenge pornography”—the online posting of sexually explicit photographs without the subject’s consent, usually by rejected ex-boyfriends. The photos are often accompanied by the victim’s name, address, phone number, Facebook page, and other personal information. They are sometimes shared with other websites, viewed by thousands of people, and become the first several pages of hits that a search engine produces for the victim’s name. The photos are emailed to the victim’s family, friends, employers, fellow students, or coworkers. They are seen on the Internet by prospective employers and customers. Victims have been subjected to harassment, stalking, and threats of sexual assault. Some have been fired from their jobs. Others have been forced to change schools. The pictures sometimes follow them to new jobs and schools. The pictures’ availability can make it difficult to find new employment. Most victims are female. 1 Twenty-six states have passed laws prohibiting this practice, and others are considering them. 2 (Civil remedies are often available but have not been much of a deterrent: victims often cannot afford to sue, and perpetrators often have few assets to collect. 3 ) The constitutionality of such laws is uncertain, however. These laws restrict speech on the basis of its content. Content-based restrictions (unless they fall within one of the categories of unprotected speech) are invalid unless necessary to a compelling state interest. 4 The state’s interest in prohibiting revenge pornography, so far from being compelling, may not even be one that the state is permitted to pursue. The central harm that such a prohibition aims to prevent is the acceptance, by the audience of the speech, of the message that this person is degraded and appropriately humiliated because she once displayed her naked body to a camera. The harm, in other words, consists in the acceptance of a viewpoint. Viewpoint-based restrictions on speech are absolutely forbidden. 5 There are exceptions to the ban on content-based restrictions: the Court has held that the First Amendment does not protect incitement, threats, obscenity, child pornography, defamation of private figures, criminal conspiracies, and criminal solicitation, for example. 6 None of those exceptions is applicable here. The pathologies of revenge pornography I have just described are the product of entirely new technologies: digital photography and the Internet. Because it is so new, however, it is not a category of speech that has traditionally been denied First Amendment protection. The Court has recently announced that unless speech falls into such a category, it is fully protected. There can be no new categories of unprotected speech. Laws prohibiting revenge pornography thus violate the First Amendment as the Court now understands it. The crux of the problem is the Court’s announced unwillingness to create new categories of non-protection. That unwillingness is not a necessary inference from the First Amendment. The present exceptions to free speech protection are judge-made doctrines. The courts that made them are by the same authority free to construct additional exceptions. Those exceptions would be justified by whatever justified the exceptions already on the books. Free speech is a complex cultural formation that aims at a distinctive set of goods. Its rules must be formulated and reformulated with those specific goods in mind. Pertinently here, one of those goods is a citizenry with the confidence to participate in public discussion. Traumatized, stigmatized women are not the kind of people that a free speech regime aims to create. Revenge pornography threatens to create a class of people who are chronically dogged by a spoiled social identity, and a much larger class of people who know that they could be subjected to such treatment without hope of redress. That state of affairs is directly contrary to the ideal of a regime in which everyone is empowered to participate in public discourse. Part I of this Article examines the constitutional objections to a statute that bans revenge pornography, and argues that those objections, although they are firmly rooted in the doctrines laid down by the Supreme Court, rest on an indefensibly wooden vision of free speech. Part II argues that this vision rests on an impoverished understanding of liberalism, which does not merely aim at constraint on government but which affirmatively seeks a society whose citizens have certain desirable traits of character, notably the courage to participate in public discourse. I develop this claim with a close reading of John Stuart Mill’s On Liberty. Part III argues that revenge pornography has a silencing effect on its victims that directly attacks the Millian ideal. Part IV argues that the creation of free speech exceptions cannot persuasively be ruled out in the way the Court has done, but are a normal part of judicial construction of the First Amendment’s text. The Conclusion reflects on the mechanical character of the free speech rules that the Court has constructed.
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12 +====Pornography reinforces a cultural of male-dominant sexuality and normalizes sexual violence – turns case====
13 +Jensen and Okrina 4. Robert Jensen ~~Professor in the School of Journalism at the University of Texas, a founding board member of the Third Coast Activist Resource Center, and a member of the board of Culture Reframed.~~, Debbie Okrina ~~Member of VAWnet – staff writer~~, "Pornography and Sexual Violence", National Resource Center on Domestic Violence
14 +Commercial pornography in the United States is at the same time increasingly more normalized and more denigrating to women. There is understandable interest in the question about the connection between pornography and sexual violence. Rather than asking "does pornography cause rape?" we would be better served by investigating whether pornography is ever a factor that contributes to rape. In other words, Is pornography implicated in sexual violence in this culture? There are limits to what research can tell us about the complex interactions of mass media and human behavior. But from both laboratory research and the narratives of men and women, it is not controversial to argue that pornography can: (1) be an important factor in shaping a male-dominant view of sexuality; (2) be used to initiate victims and break down their resistance to unwanted sexual activity; (3) contribute to a user's difficulty in separating sexual fantasy and reality; and (4) provide a training manual for abusers. These conclusions provide support for the feminist critique of pornography that emerged in the 1970s and '80s, which highlighted pornography's harms to the women and children: (1) used in the production of pornography; (2) who have pornography forced on them; (3) who are sexually assaulted by men who use pornography; and (4) living in a culture in which pornography reinforces and sexualizes women's subordinate status. People who raise critical questions about pornography and the sex industry often are accused of being prudish, anti-sex, or repressive, but just the opposite is true. Such questions are crucial not only to the struggle to end sexual and domestic violence, but also to the task of building a healthy sexual culture. Activists in the anti-violence and anti-pornography movements have been at the forefront of that task.
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7 +===Link: Lawsuits/Budgets===
8 +
9 +
10 +====The affirmative leads to more student lawsuits against universities====
11 +Jensen 93. Ejner J. Jensen, ~~Senate Assembly Chair~~, 2-8-1993, "The pros and cons of a policy covering hate speech," The University Record, http://ur.umich.edu/9293/Feb08'93/8.htm //AD
12 +1. Universities have a right and duty to provide an educational environment, a climate of civility, where all students can learn and live free from bigotry. 2. A university’s objective is to educate and to instill within students fundamental values of human decency. 3. Numerous responses from students to the rights and responsibilities document last summer indicated that a significant proportion of the harassment experienced by U-M students comes from faculty. They described in-class harassment, racial harassment at a public event, harassment based on ethnic origin, and clear cultural bias in classroom settings. 4. Speech codes publicly announce a university’s support of civil rights and equal dignity of all persons; the failure to adopt a speech code implies that the University condones hate speech. 5. The University may be held liable for damages by persons who were subjected to harassment, if the University knowingly tolerates such conduct. 6. Faculty and staff, as well as students, should be prohibited from violating the rights of other members of the University community. 7. While harassment by faculty may be quite rare, it is important to have a mechanism for dealing with reported incidents and resolving misunderstandings that may be interpreted as harassment.
13 +
14 +====Increased lawsuits kill university budgets====
15 +Ryman 9. Anne Ryman, 12-20-2009, "Christian group wages fight against censorship on campus," The Arizona Republic, http://archive.azcentral.com/news/articles/2009/12/20/20091220alliance1220.html //AD
16 +At a sprawling, glass-and-brick office complex in north Scottsdale, a dozen or so attorneys and colleagues gather each morning in a dim, ornate room to pray. The group of Christians is seeking God's guidance in an ongoing quest to preserve family values and freedom of religious expression. The group draws strength from prayers and from a well of assets: a $30 million annual budget, paid and volunteer lawyers across the country, and the organization's years of doing battle in court. That organization, the non-profit Alliance Defense Fund, is now undertaking a special campaign on a familiar front of the culture wars. Armed with a $9.2 million donation from an anonymous family plus its own matching funds, the group is stepping up efforts to combat what it says is widespread and unconstitutional censorship at public colleges. With an estimated three years of funding, the University Project, as it is called, will deploy more attorneys to defend students or student groups that feel they are being prevented from expressing socially conservative or religious views. The 15-year-old Alliance Defense Fund has long been involved in freedom-of-speech cases at universities, but members believe censorship is growing. The new project represents one of many areas in which the group and similar organizations are waging legal fights as a growing enforcement of anti-discrimination laws by governments and schools clashes with religious rights. The Defense Fund now has 55 legal cases in which it either sued a college or is working with student groups to assert their rights. The cases include issues such as students who feel their pro-life views were censored, a student who tangled with a professor over religious views in class, and an independent student newspaper whose distribution bins were removed from campus. The University Project will likely mean dozens more lawsuits at a time when college budgets are stretched thin because of state funding cuts. Some advocacy groups say the organization's effort is misguided because religious students have many opportunities to promote their beliefs on campuses. For their part, universities say their policies are crafted to both protect free speech and ensure a safe, respectful environment. At Arizona State University, for instance, a law professor worked closely with the American Civil Liberties Union to write guidelines to encourage free speech rather than to restrict it, said Nancy Tribbensee, staff attorney for the Arizona Board of Regents. Tribbensee said she hopes the Defense Fund also will seek constructive dialogue with institutions with which the group has concerns before launching into litigation.
17 +
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19 +===Link: Funding===
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21 +
22 +====Not restricting constitutionally protected speech means the government yanks away funding from institutions====
23 +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
24 +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.
25 +
26 +
27 +====State funding is already down – federal funding key to maintain universities. ====
28 +Mitchell et al 16. Mitchell, Michael~~Michael 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 Leachman~~Michael 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 Masterson~~Kathleen 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
29 +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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32 +===Impact===
33 +
34 +
35 +====Loss of funding kills quality of education – turns case ====
36 +Mitchell et al 2. Mitchell, Michael~~Michael 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 Leachman~~Michael 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 Masterson~~Kathleen 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
37 +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.
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