Tournament: Harvard Westlake | Round: 4 | Opponent: egljNN | Judge: NJKNJONVOinvjdnc

NC-read yellow (unless there is only blue)

Hate Crimes DA

Racist hate speech destroys the marketplace of ideas.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Since the late 1980s, universities have confronted a growing hate speech problem on their
AND
it, contrary to how the marketplace of ideas is supposed to operate.

Hate speech connects with structures of oppression, harming the groups that it is directed towards.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Hate speech harms groups that are the target of the speech. Under the tradition
AND
n39 Hate speech reinforces stereotypes in the public mind that subsequently guide action.

Hate speech harms the individual, denying their right to education.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Beyond causing harm to the target groups, hate speech causes harms to the individual
AND
to ensure equal access to education and prevent interference with the educational process.

Hate speech denies targeted groups of the basic rights.

Lee, 2001 (Orville ~Asst. Prof. of Sociology  at the new School~. "Weapons for the Weak? Democratizing the Force of Words in an Uncivil Society." Law and Social Inquiry 26.4 (Autumn, 2001): 847-890. JSTOR.)
Acts of symbolic violence targeting women and racial, ethnic, and sexual minorities,
AND
be trusted to decide speech restrictions without evaluating the expressive content of speech.

cyberbullying

The Constitution permits hate speech

Volokh 15 ~Eugene; 5-7-2015; "No, there's no "hate speech" exception to the First Amendment"; https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/~~ JC
I keep hearing about a supposed "hate speech" exception to the First Amendment
AND
with any established definition of "hate speech" that I know of.)

No anti-cyberbullying laws in the 1AC b/c they are restrictions on free speech – increases cyberbullying

Hayward 13. John O. Hayward, ~Senior Lecturer in Law at Bentley Universityds~, "Anti-Cyberbullying Laws Are a Threat to Free Speech," Netiquette and Online Ethics, Gale: Opposing Viewpoints in Context, 2013, http://ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/DocumentToolsPortletWindow?displayGroupName=Viewpointsandjsid=86b8d9990680ac70437ab043a7b61192andaction=2andcatId=anddocumentId=GALE7CEJ3010868216andu=nysl_we_bcsdandzid=e5792b8229fbb3d88a51bec521a1e8cf//AD
While forty-three states have anti-bullying statutes, only twenty-one
AND
bullying laws violate the First Amendment and should be struck down as unconstitutional.

Anti-cyberbullying laws key to prevent cyberbullying – squo solves and checks off campus behavior

Patchin 10. Justin W. Patchin, ~Professor of Criminal Justice in the Department of Political Science at the University of Wisconsin-Eau Claire~, 09/28/10, "Cyberbullying Laws and School Policy: A Blessing or Curse?," Cyberbullying Research Center, http://cyberbullying.org/cyberbullying-laws-and-school-policy-a-blessing-or-curse//AD
Many schools are now in a difficult position of having to respond to a mandate
AND
election time, so I'm sure your local representative will be all ears…

Cyberbullying is conducive to abuse and kills self worth – impedes the ability to get education, turns case

ETCB 16, End To Cyber Bullying, ~The End to Cyber Bullying (ETCB) Organization was founded in 2011 to raise global awareness on cyberbullying, and to mobilize youth, educators, parents, and others in taking efforts to end cyberbullying~, "A Surprising Long-Term Effect of Cyberbullying, ETCB Organization, 2016, http://www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying///AD
If someone repeatedly tells the victim online that ~they~ is ~are~
AND
of the abuse upon the psyche of the victim are anything but impermanent.

CASE

The censorship applies ONLY to public colleges and Universities, not the USFG. The speech codes will vary from campus to campus

Speech restrictions are more effective than counterspeech at addressing bad speech

Volokh 96 (Eugene, Acting Professor, UCLA Law School, 144 U. Pa. L. Rev. 2417, "FREEDOM OF SPEECH, PERMISSIBLE TAILORING AND TRANSCENDING STRICT SCRUTINY", lexis)
If simply articulating such a guess were enough to condemn a speech restriction as unnecessary
AND
and that counterspeech standing alone will not always do an equally good job.

Turn Chilling effect – informal policies lack the clarity of definitive speech codes.

Juhan 12 S. Cagle Juhan (Judicial Law Clerk, Western District of Virginia; JD University of Virginia School of Law). "Free Speech, Hate Speech, and the Hostile Speech Environment." Virginia Law Review. November 2012
Iota Xi Chapter of Sigma Chi Fraternity v. George Mason University) 70 illustrates
AND
. If the minority was being targeted, free speech does not even solve

Tournament: Harvard Westlake | Round: 2 | Opponent: dasd | Judge: asdas

NC-read yellow (unless there is only blue)

Hate Crimes DA

First, Hate Speech policies have historically been rejected as unconstitutional impositions on the free speech of students.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.) READ YELLOW
While universities continue to maintain and even strengthen hate speech policies, n70 they generally
AND
not be rejected as overbroad, as will be demonstrated in Part IV. 

Second, "Free Speech" is not racially neutral, and is part of a broader historical tradition that allows racism to continue virtually unchecked.

Gillborn, 2009 (David ~Professor of Education at the University of London~ "Risk-Free Racism: Whiteness and So-Called 'Free Speech.'" Wake Forest Law Review 44 Wake Forest L. Rev. 535. Summer, 2009. LexisNexis Academic)
"Whiteness at various times signifies and is deployed as identity, status, and
AND
rational and irrational) is determined by, and for, White people.

====Further, Defenses of Free Speech that don't engage with the tangible effects of speech are both overly idealistic, and continue to reify patriarchy and racism.====
Cobb, 2015 (Jelani ~Associate Professor at the University of Connecticut, Staff Writer for The New Yorker~ "Race and the Free-Speech Diversion." The New Yorker. 10 November 2015. Online. http://www.newyorker.com/news/news-desk/race-and-the-free-speech-diversion)**
Faculty and students at both Yale and the University of Missouri who spoke to me
AND
, from the look of things, will there be any time soon.

Finally, Student directed resistance to the "free speech" of bigots isn't about censorship, it's about fighting inequality.

Lafargue, 2016 (Ferentz ~Director of the Davis Center at Williams College~. "'Coddled' students and their 'safe spaces' aren't the problem, college official says. Bigots are." The Washington Post. 28 March 2016. Online. https://www.washingtonpost.com/news/grade-point/wp/2016/03/28/coddled-students-and-their-safe-spaces-arent-the-problem-college-official-says-bigots-are/**)**
In the work that I do as a diversity advocate in higher education, I
AND
college campuses, they're learning important lessons about how to fight it everywhere.

Racist hate speech destroys the marketplace of ideas.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Since the late 1980s, universities have confronted a growing hate speech problem on their
AND
it, contrary to how the marketplace of ideas is supposed to operate.

Hate speech connects with structures of oppression, harming the groups that it is directed towards.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Hate speech harms groups that are the target of the speech. Under the tradition
AND
n39 Hate speech reinforces stereotypes in the public mind that subsequently guide action.

Hate speech harms the individual, denying their right to education.

Weberman, 2010 (Melissa ~Law Clerk in the Eleventh Circuit Court of Appeals. J.D. from Emory Law~ "University Hate Speech Policies and the Captive Audience Doctrine." Ohio Northern University Law Review 36 Ohio N.U.L. Rev. 553. 2010. Online. LexisNexis.)
Beyond causing harm to the target groups, hate speech causes harms to the individual
AND
to ensure equal access to education and prevent interference with the educational process.

Hate speech denies targeted groups of the basic rights.

Lee, 2001 (Orville ~Asst. Prof. of Sociology  at the new School~. "Weapons for the Weak? Democratizing the Force of Words in an Uncivil Society." Law and Social Inquiry 26.4 (Autumn, 2001): 847-890. JSTOR.)
Acts of symbolic violence targeting women and racial, ethnic, and sexual minorities,
AND
be trusted to decide speech restrictions without evaluating the expressive content of speech.

K

The AFF's assumption of a property right to free speech assumes an overly idealistic notion of society that ignores economic barriers and is a product of the neoliberal myth that individuality should be protected at all costs.

Tillett-Saks 13 Andrew Tillett-Saks (Labor organizer and critical activist author for Truth-Out and Counterpunch), Neoliberal Myths, Counterpunch, 11/7/13, http://www.counterpunch.org/2013/11/07/neoliberal-myths/ LADI
Yet there are many critics of the protestors who do not claim Ray Kelly's policies
AND
on: The oppressors or the protestors. The status quo or progress.

We have reached a tipping point – neoliberalism is no longer able to control its spiral into disaster.  Massive structural violence and extinction are inevitable without a fundamental rethinking of the current system.

Farbod 15 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2) LADI
Global capitalism is the 800-pound gorilla. The twin ecological and economic crises
AND
enhancing natural and social systems will soon reach a point of no return. 

The claim that free speech leads to democratic debate and social progress is a neoliberal myth – the AFF's faith in the free exchange of ideas displaces a focus on direct action and re-entrenches multiple forms of oppression.  Instead, the alternative is to reject the AFF's neoliberal framing of speech and direct pedagogy to focus on direct action against oppression.

Tillett-Saks 13 Andrew Tillett-Saks (Labor organizer and critical activist author for Truth-Out and Counterpunch), Neoliberal Myths, Counterpunch, 11/7/13, http://www.counterpunch.org/2013/11/07/neoliberal-myths/ LADI
In the wake of the Brown University shout-down of Ray Kelly, champion
AND
greater freedom. To the contrary, direct action has always proved necessary. 

A radical pedagogical stance is key – anti-capitalist movements can be effective, but critical consciousness is a necessary prerequisite.

Peter Mclaren 4, Education and Urban Schooling Division prof, UCLA—and Valerie Scatamburlo-D'Annibale; University of Windsor, Educational Philosophy and Theory, Vol. 36, No. 2, 2004, www.freireproject.org/articles/node2065/RCGS/class_dismissed-val-peter.10.pdf. LADI
These are the concrete realities of our time—realities that require a vigorous class
AND
memories. Its potential remains untapped and its promise needs to be redeemed.