Tournament: HW | Round: 1 | Opponent: Loyola JC | Judge: Dan Miyamoto

1NC Shell

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
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greater freedom. To the contrary, direct action has always proved necessary. 

The AFF's notion of the marketplace of ideas is neoliberal rhetoric designed to strengthen corporate power.

Whatler 13 Stuart Whatley, Speak for Yourself: A Meditation on the Marketplace of Ideas, Los Angeles Review of Books, 10/4/13, https://lareviewofbooks.org/article/speak-for-yourself-a-meditation-on-the-marketplace-of-ideas/~~#! LADI
The very notion of a "marketplace of ideas" tracks exactly with neoliberalism's rising
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~its~ great talents vigorously to the preservation of the system itself."

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
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enhancing natural and social systems will soon reach a point of no return. 

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
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memories. Its potential remains untapped and its promise needs to be redeemed.

1NC - Long

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 state funding for public colleges and universities have driven up tuition
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the start of the recession will make it 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 college for many reasons, including financial constraints. Certainly it
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earn a degree if they first enroll 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, public university speech codes were on the way out until
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Amendment, then so can they. Unfortunately, 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 have long provided substantial funding for higher education, but
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, while state funds primarily pay for the general operations 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 education are well documented and have major implications for economic growth
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their chances of moving out of the bottom increase by 50 percent.39

On Case

Counterspeech fails – Practical and structural barriers

Richards and Calvert 2k (Robert and Clay, Profs @ Penn State U., "Counterspeech 2000: A New Look at the Old Remedy for "Bad" Speech", http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1993andcontext=lawreview)**
The idea that "bad speech" can be effectively countered or cured with more
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reputation that cannot easily be repaired by counterspeech, however persuasive or effective."

The "truth wins out" presumption of their argument is false

Hilden 2 (Julie, staff attorney @ FindLaw, "THE FIRST AMENDMENT AND THE INTERNET: Why Traditional Legal Doctrines Apply Differently In Cyberspace", http://writ.news.findlaw.com/hilden/20020416.html)**
Traditional First Amendment doctrine is based on one basic metaphor, that of the "
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in the marketplace, the truth will out, has been empirically disproven.

The spiral of silence undermines the marketplace of ideas concept

Halbrooks 14 (Ben, 9/2, founder and executive director of the Fixed Point Foundation, "The Spiral of Silence", http://larryalextaunton.com/blog/the-spiral-of-silence/)**
"People who use Facebook and Twitter are less likely than others to share their
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and gain from understanding alternative perspectives is a polarized society," he said.

Individuals have unequal access to effective counterspeech

Barron 7 (Benjamin, Law Clerk to the Honorable Diarmuid F. O'scannlain, U.S. Court of Appeals for the Ninth Circuit. J.D., Magna Cum Laude, Harvard, 57 Am. U.L. Rev. 73, "A PROPOSAL TO RESCUE NEW YORK TIMES V. SULLIVAN BY PROMOTING A RESPONSIBLE PRESS", lexis)
The actual malice standard forecloses nearly all access to damages for public plaintiffs, yet
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that he also assumed the risk of being defamed in the national press.