Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[8]
  • Caselist.CitesClass[17]

Details

Caselist.RoundClass[8]

EntryDate

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1		-2017-02-18 22:16:23.367
	1	+2017-02-18 22:16:23.0

Caselist.CitesClass[17]

Cites

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	1	+**Introduction:**
	2	+
	3	+BrainyQuote
	4	+BrainyQuote, “Abraham Lincoln Quotes.” DY
	5	+Those who deny freedom to others deserve...
	6	+AND
	7	+...a just God, cannot long retain it.
	8	+
	9	+**It is because I agree with former president Abraham Lincoln that no one’s freedom is more important than another’s, that I negate. Public colleges and universities in the United States ought not restrict any constitutionally protected speech.**
	10	+
	11	+**Framework:**
	12	+
	13	+**I value morality, as the word ‘ought’ in the resolution indicates a moral obligation.**
	14	+
	15	+**My value criterion is maintaining the equal balance of rights. No one group or individual, morally speaking, should be allowed to use their own rights to infringe on others’ rights. When rights conflict, a just society would use a balancing test to preserve values such as freedom, equality, and public safety.**
	16	+
	17	+Daniels 2003
	18	+Norman Daniels, American Political Philosopher, Philosopher of Science, Political Theorist, Ethicist, and Bioethicist at Harvard University and the Harvard T.H. Chan School of Public Health, “Democratic Equality: Rawl’s Complex Egalitarianism,” Cambridge University Press. pp. 241-76, 2003. DY
	19	+Because of their interest in recognitional equality...
	20	+AND
	21	+...of self-respect, with its echo of Rousseau.
	22	+
	23	+**My thesis is that public colleges and universities in the United States ought to restrict constitutionally protected forms of hate speech.
	24	+Contention 1 is Equal Participation:**
	25	+
	26	+**Hate speech on college campuses threatens the rights of targeted minority students.**
	27	+
	28	+Ma 1995
	29	+Alice K. Ma, Harvard and Radcliffe Colleges, J.D. Candidate 1995, Boalt Hall School of Law, University of California, Berkeley, “Campus Hate Speech Codes: Affirmative Action in the Allocation of Speech Rights,” California Law Review, Volume 83, Issue 2, Article 5, March 1995.
	30	+Critical race theorists like Lawrence have long...
	31	+AND
	32	+...violence, and spiritually., by demoralizing its victims.
	33	+
	34	+**And, no amount of discussion can ever discover truth when hate speech drives students off of campus and prevents dialogue from ever occurring.**
	35	+
	36	+Gale 1991
	37	+Mary Ellen Gale, Professor of Law, Whittier College School of Law, “Reimagining the First Amendment: Racist Speech and Equal Liberty,” St. John's Law Review, Volume 65, Issue 1, Volume 65, Number 1, Winter 1991. DY
	38	+When the liberty of some is furthered...
	39	+AND
	40	+...to see the ghosts that inhabit our world.
	41	+
	42	+**And, the harms of hate speech are overlooked–empirics prove that dropout rates are high.**
	43	+
	44	+Delgado 1996
	45	+Richard Delgado, John J. Sparkman Chair of Law, Professor of Civil rights and Critical Race Theory at University of Alabama School of Law, “The Coming Race War And Other Apocalyptic Tales of America after Affirmative Action and Welfare,” New York University Press, May 1996. DY
	46	+“So,” I said, returning to Rodrigo’s previous...
	47	+AND
	48	+...the authorities instead of shrugging it off.”
	49	+
	50	+**Contention 2 is University Obligations:**
	51	+
	52	+**The primary obligation of colleges and universities is to create safe and equal access to education.**
	53	+
	54	+Garrett 2002
	55	+Deanna M. Garrett, Introductions Professor at the University of Vermont, B.A. in Religious Studies, Minor in Biology, University of Virginia, 1997, Second-Year HESA Student and a Graduate Assistant in the Department of Residential Life at Vermont University, “Silenced Voices: Hate Speech Codes on Campus,” University of Vermont, July 29, 2002. DY
	56	+For students at colleges and universities, the...
	57	+AND
	58	+...of one person by another" (p. 70).
	59	+
	60	+**Thus, public colleges and universities ought to regulate hate speech through law professor Jens Koepke’s two-pronged provisions of whether or not hate speech was intentional and whether it was directed at a specific audience.**
	61	+
	62	+Koepke 1990
	63	+Jens B. Koepke, Previously a Professor of Law at California State University, Previous Teaching Assistant at UCLA’s Law School, Bachelors Degree from Texas AandM in Journalism, Law Degree from UCLA, “Preface to Jens B. Koepke’s “The University of California Hate Speech Policy: A Good Heart in In~Fitting Garb"*,” University of California, Hastings College of the Law, Vol. 12, No. 4, Summer 1990. DY
	64	+University officials have an affirmative duty to...
	65	+AND
	66	+...to impose a prior restraint upon speech.
	67	+
	68	+**And, the intent requirement uses all available evidence and principles of criminal liability to prevent the vagueness and overbreadth of speech codes.**
	69	+
	70	+Chen 90
	71	+Edward M. Chen, United States District Judge of the United States District Court for the Northern District of California, Staff Counsel at ACLU, University of California, Berkeley, UC Berkeley School of Law, “Preface to Jens B. Koepke's the University of California Hate Speech Policy: A Good Heart in Ill-Fitting Garb,” 1990. DY
	72	+The additional requirement that the speech be...
	73	+AND
	74	+...to discriminate implicates maximum equal protection interests.
	75	+
	76	+**Therefore, because hate speech is an affront to the university’s purpose to foster an inclusive academic environment, I strongly urge a negative ballot and move on to the affirmative case.**

EntryDate

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	1	+2017-02-18 22:16:24.603

Judge

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	1	+Lincoln North Star MA

Opponent

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	1	+JT Grachek

ParentRound

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	1	+8

Round

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	1	+2

Team

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	1	+duPont Manual Yi Neg

Title

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	1	+Jan-Feb-2017-Hate Speech NC

Tournament

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	1	+The Milo Cup at Millard North