Tournament: Blake | Round: 1 | Opponent: New Trier CM | Judge: Loren Eastlund
Framework

Phenomenal introspection shows that morality requires the maximization of well-being. Sinhababu:
Neil Sinhababu (Associate Professor at the National University of Singapore). “The epistemic argument for hedonism.” 2012. JY.
"Pleasure" here refers to the hedonic tone
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utilitarianism, not egoistic hedonism.

And, rules can be justified on utilitarian grounds when case-by-case calculations lead to worse outcomes. Rawls:
John Rawls, "Two Concepts of Rules," The Philosophical Review 64 (1955): 3-32.
Rules are pictured as defining a practice.
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the utilitarian principle.

Thus the standard is consistency rule utilitarianism, which means following the set of rules whose general application maximizes well-being.

The affirmative thesis is that any unconstitutional speech restrictions on public colleges weaken the norm of protecting free speech, thus violating the rule that maximizes benefits.

Inherency

Speech codes are prominent in the status quo. Burleigh 16:
Nina Burleigh (national politics correspondent at Newsweek). “The Battle Against ‘Hate Speech’ On College Campuses Gives Rise To A Generation That Hates Speech.” Newsweek. 5/26/16. JY.
More than half of America’s
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wetback in class while explaining its use as a pejorative.

And, speech codes that prohibit discriminatory speech are a restriction on protected speech. FIRE:
Foundation for Individual Rights Education (FIRE was founded in 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate). State of the Law: Speech Codes. Accessed 12/8/16. JY.
In case after case, courts
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included in Appendix.

Thus, I advocate that public colleges and universities in the US ought not restrict constitutionally protected speech.

Contention One – Chilling Effect
Speech restrictions cause a chilling effect that is empirically verified and causes spillover to views on the First Amendment. Lukianoff 13:
Greg Lukianoff (attorney and president of Foundation for Individual Rights in Education). “Speech Codes: Alive and Well, 10 years later.” Huffington Post. 10/15/13. JY.
In my 2012 book
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on this trajectory at their ultimate peril.

This chilling effect is powerful and threatens campus discourse. Friedersdorf 16:
Conor Friedersdorf. The Glaring Evidence That Free Speech Is Threatened on Campus. The Atlantic. 3/4/16. JY. http://www.theatlantic.com/politics/archive/2016/03/the-glaring-evidence-that-free-speech-is-threatened-on-campus/471825/
To sum up: free speech on campus
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the future will thank them.

The right to free speech is indivisible and speech restrictions necessarily spill over. Friedersdorf 15:
Conor Friedersdorf. The Lessons of Bygone Free-Speech Fights. The Atlantic, 12/10/15. JY. http://www.theatlantic.com/politics/archive/2015/12/what-student-activists-can-learn-from-bygone-free-speech-fights/419178/
But Professor Gale
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suggest they were correct.

Viewing hate speech as a harm exception creates perverse incentives and justifies broad restrictions, as there is no principled way to determine what speech is harmful. Epstein 16:
Richard Epstein (professor of law at NYU). “Free Speech and sexual harassment at Yale.” Newsweek. 10/27/16. JY.
But the harm
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using this broad and selective definition of harm.

Only a strong norm of content neutrality can protect marginalized voices.
Speech restrictions can only solve oppression if there is a public consensus against hate speech. But weakening the norm leads to worse oppression if public opinion shifts. Gates:
Henry Louis Gates (W.E.B. Du Bois Professor of the Humanities at Harvard University, Director of the Hutchins Center for African and African American Research at Harvard University). “Let Them Talk.” The New Republic. September 20, 1993. JY.
At first blush, this is
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norm of content-neutrality.

This is empirically confirmed- speech restrictions are implemented in racist ways. ACLU:
American Civil Liberties Union. “Hate speech on campus.” Accessed 12/14/16. JY.
Q: Aren't speech codes
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any persons, we'll be next." 

Contention Two – Impacts

Censorship undermines education and the search for truth. Free discourse is essential to knowledge generation. Speech restrictions come from epistemic arrogance. Pinker 15:
Steven Pinker (professor of psychology at Harvard). “Why free speech is fundamental.” Boston Globe. 1/27/15. JY.
MORE THAN two century
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some we hold today.

Finally, freedom of speech guards against tyranny and must be protected in every instance. Pinker 2:
Steven Pinker (professor of psychology at Harvard). “Why free speech is fundamental.” Boston Globe. 1/27/15. JY.
A third reason that free speech
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of opinion in a democracy.

American commitment to free speech sets an example to the world. Pinker 14:
Steven Pinker (professor of psychology at Harvard). “Three Reasons Free Speech Matters.” Foundation for Economic Education. 2014. JY.
It may seem outlandish
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a worrisome development.

Tournament: Glenbrooks | Round: 1 | Opponent: Bellarmine AP | Judge: Erik Legried
1AC
Part One is Framework

As students participating in political debates we must put disability at the center of our discussion– this is central to change the way that disability is represented and conceived. Thus the role of the ballot is to vote for the debater that provides the best liberation method for the oppressed. The role of the judge is to endorse the best disability scholarship.
Bérubé 03 (Michael, Paterno Family Professor in Literature at Pennsylvania State University, "Citizenship and Disability", Spring)
It is striking, nonetheless, that so few leftists have understood disability in these
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, which is to say, for the good of all of us.

Part Two is Inherency

Courts currently allow qualified immunity, even when police violate the rights of disabled people under the Americans with Disabilities Act.  This ensures that cannot get reparations for civil rights violations under the ADA.

Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
To succeed in a section 1983 claim, the plaintiff must prove that someone acting
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local governments, rendering the barriers of qualified and municipal immunity inapplicable.79

And, qualified immunity isn't even a legitimate legal defense currently under the ADA - it is an ableist obfuscation of the law.
Gildin 99 Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.
The courts that have allowed a qualified immunity defense to be erected by government officials
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immunity defense that Congress did not intend for actions under the Acts. 19

Part Three is the Plan

Resolved: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.
Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
Excessive force claims stemming from the Fourth Amendment and section 1983 of the Civil Rights
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incentivize proper police training and provide uniform federal protections for the mentally ill.

They continue

The Ninth Circuit's approach to the ADA's applicability to arrest situations in Sheehan should be a model for all circuits. Holding the ADA applicable to arrest situations furthers the ADA's objectives and forces law enforcement agencies to implement improved training programs. Training programs implemented by police departments in order to comply with the ADA will likely lead to increased safety among those with mental illnesses. Thus, the Supreme Court has a duty to ensure that a mentally ill person living within in the Fifth Circuit is subject to the same federal protections as a mentally ill person living within the Ninth Circuit. In addition to making the federal law uniform, it is the right thing to do for the mentally ill.

Advantage One: Police Brutality

First, the US fundamentally shifted its policies towards the disabled in the 1970’s. No longer do they receive mental health services, but instead they are treated as criminals and punished.
Auner 3 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
The United States largely criminalizes mentally ill people, resulting from policies
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compared with 7 to 8 percent of the general population.

And, this criminalization of disability results in disproportionate police violence against the disabled.
Perry 16 David M. "When Disability and Race Intersect." CNN. Cable News Network, 04 Dec. 2014. Web. 31 Oct. 2016.
What we are seeing in the death of Eric Garner
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How the high court rules on the case will shape law enforcement reactions to disability for the foreseeable future.

Police killings of the disabled result from and in turn justify the ableist foundations of the state.
Mack 16 – 1-6, Tracy, “Legitimizing police violence: sanism, ableism and racism” http://www.socialist.ca/node/2978
State violence and killings are not chosen acts, they are required
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and the capitalism system that police violence serves. 

Second, the nature of the ADA means that no compensation is possible with the existence of qualified immunity.
Gildin 2 Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.
The legislative instruction that the Acts
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brought under the disability discrimination statutes.

The threat of lawsuit under the ADA has empirically resulted in inclusion and a decrease in discrimination – more litigation is key.
Auner 4 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
When courts deem the ADA applicable to specific situations
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will tangibly improve the safety of the mentally ill. 

And, Police departments already have specifically trained officers-the plan just forces them to use their CIT’s
Auner 5 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
However, even while facing seemingly insurmountable obstacles, police departments
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where treatment is the better course of action.121