Tournament: Harvard Westlake | Round: 3 | Opponent: Harker AnMa | Judge: Akhil Gandra
I negate the resolution "Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech."
Public colleges and universities – funded primarily by the government than by tuition
The social contract was created between the government and the people. The people have renounced certain rights to accept the protection the government provides, which is dealt in a utilitarian manner. Celeste Friend on Rousseau's Social Contract
Friend, Celeste. "Social Contract Theory." Internet Encyclopedia of Philosophy. Internet Encyclopedia of Philosophy, n.d. Web. 06 Jan. 2017. http://www.iep.utm.edu/soc-cont/~~#SH2c
The Social Contract begins with the most oft-quoted line from Rousseau: "
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democratic principles, which is good for us, both individually and collectively.
Delgado, Richard (University of Alabama School of Law), "Words that Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling". Harvard Civil Rights-Civil Liberties Law Review, Vol. 17, p. 133, 1982; Seattle University School of Law Research Paper. https://ssrn.com/abstract=2000918
In addition to the harms of immediate emotional distress and infringement of dignity, racial
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," the child will find it difficult not to accept those judgments.76
Timothy Jay (Massachusetts College of Liberal Arts). "Do Offensive Words Harm People?" Psychology, Public Policy, and Law, 2009, Vol. 15, No. 2, 81–101.https://www.mcla.edu/Assets/uploads/MCLA/import/www.mcla.edu/Undergraduate/uploads/textWidget/1457.00018/documents/DoWordsHarm.pdf
Harms experienced by victims of hateful speech, outlined by Matsuda et al. (
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negativity of hate speech directed toward them (Mullen and Smyth, 2004).
William A Kaplin, ~Professor of Law, Catholic University of America~, "Hate Speech on the College Campus: Freedom of Speech and Equality at the Crossroads," Winston Howard Lecture, Land and Water Law Review, 1992.
On another level, hate speech inflicts pain on the broader class of persons who
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hair …" In the margins of their notebooks, I am obliterated.'
Fish, Stanley. "There's No Such Thing As Free Speech And Its A Good Thing Too." Oxford University Press. 1994. Web. December 07, 2016. https://www.english.upenn.edu/~~cavitch/pdf-library/Fish_FreeSpeech.pdf.
~These~ Arguments like Schmidt's only get their purchase by first imaging speech as
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be maintained, at least within the confines of Schmidt's carefully denatured discourse.
Hate speech negatively effects the victims and the people around them. The government controls public colleges and universities. By utilitarian calculus, free speech must be balanced with the harms certain speech cause because certain rights must be restrained for the good of the people.
William A Kaplin, ~Professor of Law, Catholic University of America~, "Hate Speech on the College Campus: Freedom of Speech and Equality at the Crossroads," Winston Howard Lecture, Land and Water Law Review, 1992.
Sixth, a university might be able to regulate certain types of hate speech that
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provide sanctions against student organiza-tions as well as against individual students.
Robert C. Post, ~Professor of Law, School of Law, University of California at Berkeley~, "Racist Speech, Democracy, and the First Amendment," William and Mary Law Review, 1990-1991
Each of the four categories of harm so far discussed can be caused by racist
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the particular educational values that specific colleges or universities seek to instill.5
As the government's job is to protect the community, the purpose of universities is to learn. Because public colleges and universities are government-funded, as the government must balance individual rights to fulfill their purpose, the universities must also balance individual rights for their purpose.
