Tournament: Blake | Round: 1 | Opponent: any | Judge: any
Part one 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 the ... has been erected.
Part two 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
Many universities, under ... all subject matter.
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).
Marketplace of ideas protects rights over the long-term and it is on-balance beneficial to rights protection. Bernstein 03
David E. Bernstein, Defending the First Amendment from Antidiscrimination Laws, 82 N.C. L. Rev. 223, 240-41 (2003). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=489063 David E. Bernstein is the George Mason University Foundation Professor at the George Mason University School of Law i
The primary civil ... and cultural progress.
Free speech is key to truth seeking, without it society devolves into stagnation and warfare. 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.
If you take ... Books. Kindle Edition.
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.
Part three is Framing
Free speech is a prerequisite to knowledge. Jacobsen 16
Jacobson 16 Daniel Jacobson (Professor of Philosophy at the University of Michigan). “Freedom of Speech under Assault on Campus.” Cato Institute. 30 August 2016. https://www.cato.org/publications/policy-analysis/freedom-speech-under-assault- campus#full
Mill held that ... protection from criticism.
Thus, the standard is maximizing free speech.
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.
Presume aff - There is a presumption against content restrictions. 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.