Tournament: Harvard-Westlake | Round: 5 | Opponent: Oakwood WA | Judge: Michael O Krent
Cap DA
Free speech is impossible in a capitalist environment—the right to free speech hinders on social relations and economic status; all means of expression assume socioeconomic means that the aff glosses over.
Our Cherished Freedom of Speech Myth Written by Daniel MorleyFriday, 20 February 2015 http://www.marxist.com/our-cherished-freedom-of-speech-myth.htm

As Lenin succinctly summed up …  for real freedom of expression!
The affirmative’s call to a ‘marketplace of ideas’ where progress is made is a ruse—Privileged perspectives always win out. That is terminal defense on their solvency claims—counterspeech can solve nothing unless we strip the system apart. Beijer ‘16
Carl Beijer Friday, May 6, 2016 Three critiques of liberal discourse http://www.carlbeijer.com/2016/05/three-critiques-of-liberal-discourse.html

1. The discourse is controlled by capital… shouting into a fugue.
   Third, Impact. Capitalism causes extinction—multiple ways. Webb 04,
   Webb, 04 (Sam Webb, National Chairman, Communist Party USA. “War, Capitalism, and George W. Bush.” 4-20-04. http://www.pww.org/article/view/ 4967/1/207/O/)

Capitalism was never a warm…  of nuclear mass annihilation.

Tournament: Harvard Westlake | Round: 2 | Opponent: Troll | Judge: Lol
Tournament: Harvard Westlake RR | Round: 5 | Opponent: West Ranch JW | Judge: Rodrigo Paramo, Aaron Timmons
T – “Any” (3:30)
Interpretation: The affirmative must defend that public colleges and universities in the Unites States ought to restrict NO constitutionally protected speech. To clarify they may not specify any one type of constitutionally protected speech that ought not be restricted.
Counterplans by the negative that PIC out of specific kinds of constitutionally protected speech are illegitimate.
Violation:
Vote Neg

Textuality – repeated court rulings define “any” as “all” and explicitly rejected using “any” to refer to “some”.
Elder ‘91(David S. Elder, October 1991, "Any and All": To Use Or Not To Use?” "Plain Language' is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the State Bar Plain English Committee. Assistant editor is George H. Hathaway. Through this column the Committee hopes to promote the use of plain English in the law. Want to contribute a plain English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf | SP)
The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in
AND
sensible connotation of the word any' implies 'all' and not 'some,' t
he legal conclusion follows that the defendant is entitled to retain the earned renewal commissions
AND
(1991) (quoting Harrington v InterState Men's Accident Ass'n, supra)
Outweighs:
a) Semantic Context – yes, any may have a bunch of different, more inclusive definitions, but only ours takes into consideration groups of words together. “security for any claim due or to become due to” is the passage analyzed in Gibson v Agricultural Life, which mirrors the structure of the words in the res, with “any” followed by a singular object (ought not restrict any constitutionally protected speech).
b) Legal Context – Courts are the definitive interpreters of what a law and its words mean. Defer to courts over the slew of dictionary definition coming in the 1ar, they lack the context necessary to evaluate semantics in a legal setting. By defending a subsection of constitutional rights, they have literally inserted their own words into the resolution, which have fundamentally changed the policy they defend.
Semantics come prior to pragmatic considerations:
a) Decision Rule – The topicality rule is superior and non uniques your offense.
Nebel 15 Jake Nebel (debate coach his students have won the TOC, NDCA, Glenbrooks, Bronx, Emory, TFA State, and the Harvard Round Robin. As a debater, he won six octos-bid championships and was top speaker at the TOC and ten other major tournaments) “The Priority of Resolutional Semantics by Jake Nebel” VBriefly February 20th 2015 http://vbriefly.com/2015/02/20/the-priority-of-resolutional-semantics-by-jake-nebel/ JW 2/20/15
One reason why LDers may be suspicious of my view is because they see topicality
AND
the first premise, not the second premise, in the argument above.
b) Jurisdiction – the ballot asks you to endorse the better debater in the context of the resolution issued by the tournament rules-if you don’t defend the topic then it’s impossible to vote for you, that’s the most important voter.

2. Limits – Free Speech is incredibly broad. Star this card, it literally says the only coherent way to conceive of the free speech debate is to consider its few exceptions, which is a comparison of the whole res with its converse.
Silvergate ’05 (Harvey A. Silvergate, attorney in Cambridge, Massachusetts. He is the co-founder, with Alan Charles Kors, of the Foundation for Individual Rights in Education, for which he also serves as the current Chairman of the Board of Directors. January 2005, “FIRE’s Guide to Free Speech on Campus,” https://www.thefire.org/pdfs/free-speech-2.pdf | SP)
The First Amendment declares that Congress shall make “no law…abridging the freedom
AND
will briefly describe the limited categories of so-called “unprotected speech.”
Especially bad in the context of this AFF – “criticize the militaries policies” is incredibly vague. Is a gay rights movement a criticism of the military because of Don’t Ask Don’t Tell? Do you allow student protest? Burning draft cards? This makes it impossible for me to establish links – even if I had prepped specific DAs against militarism.
Outweighs:
a) Fairness – There’s just too many affs for the negative to reasonably prep out. You can specify other things like subsets of public universities, or question the scope of constitutionally protected in the 1AC, which grants you a reasonably large case list without the explosion outlined in the Silvergate evidence. This means the affirmative always has a significant advantage because they only have to prepare and frontline one position. Disclosure and solvency advocates don’t solve, even if we could perfectly predict every aff, there’s just too many for the neg to reasonably prepare for in the world of their interpretation.
b) Clash – Theirs is a model of debate that reduces each debate to the negative trying to apply generics to cases where they probably don’t usually apply. Ours is one where we engage in the actual debate that’s taking place in the literature. It’s the most important form of education because its most real world and is also key to opinion formation because detailed disagreement is better than vacuous monologues. The level of depth their interpretation seeks to reach in each policy can only ever be reached by one side, which makes the discussion useless.

Voters (Long):

Fairness is a voter, debate’s a competitive activity with wins and losses-if the round is skewed towards once debater you can longer test debate skill. Education’s a voter since it’s the end goal of debate and provides portable skills.
2. Drop the debater on T:
a. Severance – Drop the arg is severance from the AC- you can read new args in the 1AR and connect the plan to whole res which is like restarting in the 1AR.
b. Recourse – Drop the arg discourages me from reading T to check back abuse since I lose speech time, making non-topical affs strategic.
c. Time Skew – I had to spend time reading T to check back abuse- dropping the arg moots a portion of the 1NC.
3. Competing interps:
a. Race to the Bottom: reasonability encourages increasingly unfair practices that minimally fit the brightline. Competing interps maximizes fairness and education by fostering good norms for the activity.
b. Judge intervention: Each debater and the judge will have differing interpretations of reasonableness, which ultimately makes the decision arbitrary, which will always be unfair to one debater.
4. No RVIs:
a. Topical clash – once theory is initiated we never go back to substance because its unnecessary so no one engages in the topic.
b. Chilling effect – debaters will be scared to read theory for fear of losing to a prepped out counter interp, proliferating abuse.
1/13/17
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Tournament: Harvard-Westlake | Round: 5 | Opponent: Oakwood WA | Judge: Michael O Krent
State cuts have led tuition to spike harming the ability to students to enter college, especially those who come from low income backgrounds or are people of color – The impact is a blow to the national economy because a college degree is a crucial internal link to working in a skilled job, decreasing health care costs, and bringing greater wealth to local communities
Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, “Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges”, http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up, EmmieeM)

Years of cuts in … more difficult to achieve those goals
The only thing keeping graduation rates stable is financial aid --- allows students to study full-time, encourages academic progress, and is the only way low-income students can afford to enroll
Johnson 14 (Hans Johnson – supported by the College Access Foundation of California and writing for the Public Policy Institute of California, “Making College Possible for Low-Income Students: Grant and Scholarship Aid in California”, http://www.ppic.org/content/pubs/report/R_1014HJR.pdf, pg. 20-24, EmmieeM)

Students fail to complete … at a four-year college.
There’s a contradiction within government policy --- restricting free speech may be unconstitutional, but not doing so causes public colleges to lose federal funding under Title IX
Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, “You Can’t Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws”, “Censoring Campus Speech”, https://books.google.com/books?id=zU2QAAAAQBAJandpg=PA60andlpg=PA60anddq=public+colleges+could+lose+funding+if+they+allow+for+racistsandsource=blandots=W67N5E3bznandsig=xXeBW8YaTy_Ilb34MIbu-grciy4andhl=enandsa=Xandved=0ahUKEwiBoqTkn_nQAhVBjFQKHcc7CIkQ6AEITDAI#v=onepageandq=public20colleges20could20lose20funding20if20they20allow20for20racistsandf=false, pg. 60-61, EmmieeM)

Given these constitutional barriers… they may be right.
Federal funding is used to maintain financial aid resources and colleges are only growing more dependent on it as state funding goes down
Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, “Federal and State Funding of Higher Education: A Changing Landscape”, http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education, EmmieeM)

States and the federal government … of public institutions.
College credentials are crucial to social mobility and national economic growth – affects everything from health insurance to better marriages to lower unemployment rates
White House 14 (Report by the Executive Office of the President, “Increasing College Opportunity for Low-Income Students: Promising Models and a Call to Action”, pgs. 10 – 11, https://www.whitehouse.gov/sites/default/files/docs/white_house_report_on_increasing_college_opportunity_for_low-income_students_1-16-2014_final.pdf, EmmieeM)

The benefits of postsecondary … increase by 50 percent.
The impact is massive – combatting the structural barriers that prevent individuals from attending college is the main internal link to competitiveness
U.S. Department of Commerce 12 (Prepared by the U.S. Department of Commerce with consultation from the National Economic Council, “The Competitiveness and Innovative Capacity in the United States”, http://www.esa.doc.gov/sites/default/files/thecompetitivenessandinnovativecapacityoftheunitedstates.pdf, pgs. 2-10, EmmieeM)

Education is a key element … was lower than in 2007–2008.
Competitiveness is key to US dominance – we need to keep innovating faster to ensure economic prosperity and hegemony
Segal 04 – Senior Fellow in China Studies at the Council on Foreign Relations
Adam, Foreign Affairs, “Is America Losing Its Edge?” November / December 2004, http://www.foreignaffairs.org/20041101facomment83601/adam-segal/is-america-losing-its-edge.html

The United States' global … entrepreneurship at home.
Loss of competitiveness results in great power conflict—retrenchment makes war inevitable and ensures the US would be dragged in – that causes your heg bad impacts so it’s try or die for the AFF
Khalilzad 11 — Zalmay Khalilzad, Counselor at the Center for Strategic and International Studies, served as the United States ambassador to Afghanistan, Iraq, and the United Nations during the presidency of George W. Bush, served as the director of policy planning at the Defense Department during the Presidency of George H.W. Bush, holds a Ph.D. from the University of Chicago, 2011 (“The Economy and National Security,” National Review, February 8th, Available Online at http://www.nationalreview.com/articles/print/259024, Accessed 02-08-2011)

Today, economic and … era of multi-polarity.
Independently, economic decline causes multiple war scenarios – the impact is extinction
Harris and Burrows - 2009 (Counselor in the National Intelligence Council, Member at the National Intelligence Council - Mathew J. Burrows, Global Trends 2025: A Transformed World—an unclassified report by the NIC published every four years that projects trends over a 15-year period, has served in the Central Intelligence Agency since 1986, holds a Ph.D. in European History from Cambridge University, and Jennifer Harris, Member of the Long Range Analysis Unit at the National Intelligence Council, holds an M.Phil. in International Relations from Oxford University and a J.D. from Yale University, 2009 (“Revisiting the Future: Geopolitical Effects of the Financial Crisis,” The Washington Quarterly, Volume 32, Issue 2, April, Available Online at http://www.twq.com/09april/docs/09apr_Burrows.pdf, Accessed 08-22-2011, p. 35-37)

Of course, the … dog-eat-dog world.