Tournament: Newark | Round: 1 | Opponent: any | Judge: any
AC
Part one is Framing
(analytic)
Our institutions must escape the oppression of consensus. Mouffe 1
“The Democratic Paradox” by Chantal Mouffe 2000
"A well-functioning democracy ... basis of civility." (104)
An agonistic democracy where difference is respected and all viewpoints are given a chance to engage in the political discourse is key to this end. Mouffe 2
“The Democratic Paradox” by Chantal Mouffe 2000 DD
“Envisaged from the ... an ongoing confrontation.” (102)
(analytic)
Thus, the standard is cultivating agonistic democratic subjects.
Theories that can’t create material change in the real world are counter-productive and threaten actual solutions to oppression.
Curry 14. Tommy J. “The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century” (2014) Victory Briefs, p. 55-56 Assistant Professor, Department of Philosophy, Texas AandM
Despite the pronouncement ... contemporary moral parameters.
There is a presumption against content restrictions – means that the neg needs to actively justify why a restriction on speech is net better. Chemerinsky 09
Erwin Chemerinsky, Unpleasant Speech on Campus, Even Hate Speech, Is a First Amendment Issue, 17 Wm. and Mary Bill Rts. J. 765, 770 (2009), http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1035andcontext=wmborj, Dean and Distinguished Professor of Law, University of California, Irvine, School of Law.
It is never ... the First Amendment.
Part two is the Threat to Thought
Studies show free speech at colleges is currently severely restricted. Haynes 14
Haynes 14, Charles C. Haynes (Director of the Religious Freedom Education Project). “In higher education, low tolerance for free speech.” First Amendment Center. 22 May 2014. http://www.firstamendmentcenter.org/in-higher-education-low-tolerance-for-free-speech
Sadly, Daniel Harper’s ... designated distribution area.
Even narrowly-tailored censorship creates a broad chilling effect on open discussion. Rosenberg 91
Rosenberg 91, David Rosenberg, Racist Speech the First Amendment and Public Uni- versities: Taking a Stand on Neutrality , 76 Cornell L. Rev. 549. (1991). http://scholarship.law.cornell.edu/clr/vol76/iss2/6
Matsuda is worried ... “pall of orthodoxy.”
Content-based restrictions on public discourse open the doors to cultural authoritarianism. Massey 93
Calvin R. Massey Professor of Law, University of California, Hastings College of Law, “Hate Speech, Cultural Diversity, and the Foundational Paradigms of Free Expression,” UCLA Law Review, Vol. 40, 1992-1993.
However well-meaning ... has been erected.
Universities are not neutral arbiters for social justice – power is used to target marginalized populations.
McGowan and Tangri 91 David F. McGowan and Ragesh K. Tangri, David McGowan is the Lyle L. Jones Professor of Competition and Innovation Law and the Director of the Center on Intellectual Property Law and Markets at the University of San Diego School of Law, and a member of the American Law Institute. He has experience in several fields, ranging from antitrust and intellectual property litigation to securities and corporate governance litigation. He was one of the earliest analysts of the law and economics of open source software and served as co-counsel in the first case affirming the enforceability of an open-source license, in which he argued and obtained summary judgment for the plaintiff. Ragesh Tangri has represented clients ranging from individuals to Fortune 100 companies in a wide variety of cases and in jurisdictions across the country. "A Libertarian Critique of University Restrictions of Offensive Speech", Source: California Law Review, Vol. 79, No. 3, Symposium: Civil Rights Legislation in the 1990s (May, 1991), pp. 825-918. http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1815andcontext=californialawreview//roman
The same may ... marketplace of ideas.
Part three is the Marketplace of Ideas
The thesis of the aff is that public colleges and universities should not restrict constitutionally protected speech – insofar as the speech is protected by the constitution there should not be restrictions on it; however, this does not mean that the aff defends all forms of currently constitutionally protected speech as inherently good. ACLU explains
ACLU.The American Civil Liberties Union (ACLU) is a nonpartisan, non-profit organization56 whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States."7 It works through litigation, lobbying, and community empowerment "Hate Speech on Campus." American Civil Liberties Union. N.p., n.d. Web. 27 Dec. 2016.
Many universities, under ... all subject matter.
Absent a governmental authority dictating censorship, individual and communal censorship can and will occur.
Loury 94 Glenn Cartman Loury is an American economist, academic and author. He is the Merton P. Stoltz Professor of the Social Sciences and Professor of Economics at Brown University"Self-Censorship in Public Discourse A Theory of “Political Correctness” and Related Phenomena." Rationality and Society 6.4 (1994): 428-461. Downloaded off of a website of google (first link), here is the link: https://www.google.com/webhp?sourceid=chrome-instantandion=1andespv=2andie=UTF-8#q=students20will20censor20discourse//roman
These two levels ... go home again."
Free speech values on campus are key to free speech values in society. Lukianoff 14
Greg Lukianoff, 2014, Founder of Foundation For Individual Rights in Education, .Unlearning Liberty: Campus Censorship and the End of American Debate, . Encounter Books. Kindle Edition.
On a cultural ... Books. Kindle Edition.
Progress depends on free and open dialogue in a marketplace of ideas. Bloomberg 16
Bloomberg, Michael. "Why Free Speech Matters On Campus." The Wall Street Journal. May 12, 2016. Web. December 07, 2016. http://www.wsj.com/articles/why-free-speech-matters- on-campus-1463093280.
Whether in economics, ... their fellow citizens.
Free speech uniquely valuable and deserving of even more protection in an academic environment. Black 12
Judge Timothy Black, 2012, University of Cincinatti Chapter of Young Americans for Liberty v. Gregory Williams, https://d28htnjz2elwuj.cloudfront.net/pdfs/7d8ffca326aa1eabf802cb3f388def9c.pdf
Moreover, the precedents ... 503, 506 (1969).
Free Speech is necessary to protect marginalized bodies and grant them equality. O’Neill 16
O’Neill 2016, Brendan O,Neill is a writer for the Oxford magazine Blueprint; This article is published in the current term issue of Blueprint, the magazine of the Oxford University Conservative Student Association. http://brendanoneill.co.uk/post/114125942824/freedom-of-speech-is-the-best-friend-marginalised, 2016
There are many ... the public sphere
