Tournament: ASU | Round: 1 | Opponent: Cupertino AB | Judge: Alex Carlone
Framework:
I value Morality
Morality requires respecting humanity as an end in itself: First, it is a requirement of prescriptive thought that one reflect upon ends to decide; otherwise one’s action would be determined by causal influences. Morality presupposes independent subjects. ENGSTROM:
“Universal Legislation As the Form of Practical Knowledge,” (article form) Stephen Engstrom Prof. at University of Pittsburgh
In addition to … power of practical reason.
And practical identity – like parent, teacher, or debater – requires valuing our human identity first. KORSGAARD:
Korsgaard, Christine M. The Sources of Normativity. THE TANNER LECTURES ON HUMAN VALUES, Delivered at Clare Hall, Cambridge University. November 16 and 17, 1992. Pg. 81-85. (UTIL TAKE OUT)
The Solution: Those … that identity forbids.
To attach value to any identity means you must value yourself as someone who needs reasons to act and live. You can shed every identity except your human identity; we can shed conflicting impulses by choosing not to take them as reasons, but you cannot have reason to reject the value of the source of your moral reasons.
One can never restrict the ends a subject can set as their means, because to be human is to autonomously set the ends. To treat humanity as an end requires one to respect the legislative right of agents to use their means as they see fit free of domination. RIPSTEIN:
Arthur Ripstein. “Beyond the Harm Principle.” University of Toronto. http://www.law.utoronto.ca/documents/Ripstein/beyond_harm_principle.pdf.
You are independent … without their permission.
The standard is respecting liberty.
Impact calc:
The thesis of my case is that public colleges do not have legislative authority to restrict constitutional speech because it violates liberty, destroying autonomy.
Contention 1: Banning speech violates autonomy of speakers
A. Limiting freedom of speech limits freedom of thought—communication is necessary for ideas
Herron 94 Vince Herron, JD, University of Southern California, “Increasing the Speech: Diversity, Campus Speech Codes, and the Pursuit of Truth,” Southern California Law Review, 1993-1994.
By reducing speech …garnered by speech codes.5
Rational identity can only be formed with free communication
Tsesis 15, Alexander. "FREE SPEECH CONSTITUTIONALISM." UNIVERSITY OF ILLINOIS LAW REVIEW. May 21, 2015. Web. December 07, 2016.
One of the most … “society’s search for truth.”
B. Constitutional speech is not coercive—interaction and expression is key to freedom
Baker 89 C. Edwin Baker, Human Liberty and Freedom of Speech, 1989, Oxford University Press
Similarly, this premise …proper realm of decision-making authority.
Since freedom is the ultimate mean an individual can have and expression is key to all freedoms, free speech must be granted.
And speech cannot cause infringement on another’s autonomy—it’s simply a change of situation.
Ripstein Force and Freedom, p. 51
The right to independence …they already have.29
Contention 2: Violates educational autonomy of listeners
Limiting opposing viewpoints prevents the autonomy to develop moral ideas
Badamchi 15, Devrim Kabasakal Badamchi (Izmir University, Turkey). “Justifications of freedom of speech: Towards a double-grounded non-consequentialist approach.” Philosophy and Social Criticism. 2015, Vol. 41(9) 907–927.
In On Liberty, … we need to hear.
Free speech facilitates the development of moral reasoning- restrictions should be prima facie rejected. Dwyer 01
(Susan, Phil@Maryland, Nordic Journal of Philosophy, Vol. 2, No. 2 ® Philosophia Press 2001)
Direct Nonconsequentialism Let us return to the central topic: free speech…we strengthen (protect) it everywhere.