Tournament: NDCA | Round: 3 | Opponent: Lexington GN | Judge: Akhil Jalan

Cap K

Recognizing that the epistemology of capitalism manipulates our understanding of policy is a pre-condition to evaluating the resolution through moral fameworks. Marsh 95,

Marsh 95- Professor of Philosophy at Fordham University, PhD from Northwestern University (James, Critique Action and Liberation, p 331-2)
Is it reasonable, therefore, even to talk about the possibility of a socialism
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move on. Recent events in eastern Europe only confirm such a judgment.

Neoliberalism structures academic freedom in the status quo. It sets limits on what is acceptable behavior to quell dissent and any facult truly radical enough to challenge corporate hegemony are tossed out before they can pose a real threat. Chatterjee and Maira 14

Chatterjee, Piya, and Sunaina Maira. "The Imperial University: race, war, and the nation-state." The imperial university: Academic repression and scholarly dissent (2014): 1-50.
Our geopolitical positions—of our immediate workplaces as well as trans- national work
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of labor and survival within the U.S. university system.11

Free speech is an illusion propagated by corporatists – their model of rights assumes an equal playing field analogous to free market economists view of capital. The promotion of free speech perpetuates the idea that speech is a commodity, which strengthens neoliberalism's hold on the academy. Brown 15

Brown, Wendy. Undoing the demos: Neoliberalism's stealth revolution. MIT Press, 2015.
At times, kennedy raises the pitch in Citizens United to depict limits on corporate
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warring forces parallel to those of government and capital in a neoliberal economy.

This turns the case – the commodification of speech reflects the capitalist illusion of freedom. It makes speech meaningless and kills value to life. Smith '14

R.C. Smith April 24, 2014 "POWER, CAPITAL and THE RISE OF THE MASS SURVEILLANCE STATE: ON THE ABSENCE OF DEMOCRACY, ETHICS, DISENCHANTMENT and CRITICAL THEORY" Heathwood Institute and Press http://www.heathwoodpress.com/power-capital-the-rise-of-the-mass-surveillance-state-on-the-absence-of-democracy-ethics-disenchantment-critical-theory/ JJN from file
One pressing issue, moreover, is that majority of the popular movements that have
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which produces and reproduces the epistemic context of its own validity.~13~

The ballot represents a choice between competing visions of social change – elevating the aff above the individual endorsement of the aff debater is false. The debate round represents competing strategies for social change: the question is not who does the alt or plan, but of a world without capitalism vs. the affirmative. Agency questions are irrelevant—we don't have to win the alternative spills over, just that rejection in this round is comparatively better than the aff—any other evaluation makes no sense because the judge isn't in a position to do the aff either. Critiquing assumptions is the best way to leverage change.

Reinsborough, 03 (Organizer, Rainforest Action Network and Wake Up America Campaign) 03 (Journal of Aesthetics and Protest, August 2003, Volume 1, Issue 2, Patrick).
Direct action— actions that either symbolically or directly shift power relations— is an
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find the rumors that start revolutions and ask the questions that topple empires.

Our critique independently outweighs the case -  neoliberalism causes extinction and massive social inequalities – the affs single issue legalistic solution is the exact kind of politics neolib wants us to engage in so the root cause to go unquestioned. Farbod 15

 ( Faramarz Farbod , PhD Candidate @ Rutgers, Prof @ Moravian College, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
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. 

The role of the ballot and judge as an educator is to reject arguments based on asymmetrical power relations—because pedagogical contexts are inherently political, we have a unique opportunity to promote real change. And, critical pedagogy is the strongest internal link into education in any context—class relations are present within any discussion. Prefer this over their ROB: These relations underline our society in a way that rights don't.

Util Fwk

The standard is consequentialism

Phenomenal introspection is reliable and proves that util's true.

Sinhababu Neil (National University of Singapore) "The epistemic argument for hedonism" http://philpapers.org/archive/SINTEA-3 accessed 2-4-16 JW
The Odyssey's treatment of these events demonstrates how dramatically ancient Greek moral intuitions differ from
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favors the kind of universal hedonism that supports utilitarianism, not egoistic hedonism.

Second, only impacts and values that exist in the physical world are relevant. Physical realism is the only meaningful ontological theory of being. Williams,

Donald Williams. "Naturalism and the Nature of Things." The Philosophical Review, Vol. 53, No. 5 (Sep., 1944), pp. 417-443. Duke UP. http://www.jstor.org/stable/2181355**
Casting up our accounts to this point, we observe that physical realism is in
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in patterns of action in the ordered dimensions of a spatio-temporal hypersphere

Third is the act omission distinction, governments are morally responsible for their omissions because they always face choices between different sets of policy options, all of which advantage some while disadvantaging others.

Cass R. Sunstein and Vermeule Adrian ~"Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs.  Copyright (c) 2005 The Board of Trustees of Leland Stanford Junior University.  Stanford Law Review December,2005 58 Stan. L. Rev. 703~
The critics of capital punishment have been led astray by uncritically applying the act/
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creating entitlements ~*722~ and prohibitions, is not inaction at all.

Offense

Seditious speech violates freedom – revolution amounts to a contradiction, so speech supporting it is willing a world where there is no omnilateral will.

Varden:  Helga Varden ~Associate Professor of Philosophy, University of Illinois~ "A Kantian Conception of Free Speech" Springer. 2010
To understand Kant's condemnation of seditious speech, remember that Kant, as mentioned above
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qua private citizens, it is a public crime (6: 331).

Hate speech intrinsically and intentionally used to degrade certain people

Garrett 99 (Deanna M. Silenced Voices: Hate Speech Codes on Campus https://www.uvm.edu/~~vtconn/v20/garrett.html DOA 12/17/16) CW
Restricting Hate Speech Hate speech is not defined by "isolated incidents" or "
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shock" of racist speech systematically preempts response. (p. 143)

Even libertarians conceded that some exceptions are necessary—hate speech results in war and genocide and causes intrinsic violence

Arthur 11 (Joyce, Founder and Executive Director of the Abortion Rights Coalition of Canada, a national political pro-choice group, "The Limits of Free Speech," Sep 21, 2011, https://rewire.news/article/2011/09/21/limits-free-speech-5/ LADI)
Hate speech should not be tolerated in the name of free speech. It has
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, and socially—and pays the consequences through increased discrimination and violence.

AT Constructivism

We don't create moral worth or confer value upon things. Either a) constructivism relies on an external metric to be valid and is insufficient, or b) it's self-justifying and their framework is circular.
Bagnoli 11
Bagnoli, Carla, "Constructivism in Metaethics", The Stanford Encyclopedia of Philosophy (Winter 2011 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/win2011/entries/constructivism-metaethics/.**
Constructivists tend to agree that the importance of constructivism does not depend on its specific contribution to the realism-antirealism debate. It resides in the insight that the nature of practical truths should be explained in terms of the constitutive features of practical reasoning. But critics argue that the constructivist conception of practical reasoning is either circular or parasitic on independent moral values. The objection often takes the form of a metaethical dilemma analogous to the dilemma discussed by Plato in the Euthyphro (10a). Either the practical standpoint is subject to moral constraints or it is not. If it is not, then, "there is no reason to expect that the principles that emerge … will capture our deepest convictions, or respect various platitudes that fix our understanding of ethical concepts" (Shafer-Landau 2003, 42). If it is, then the constraints are not themselves constructed and acceptance of them commits one to realism (Shafer-Landau 2003, 42). Constructivism thus either grounds moral truths on arbitrary standards or collapses into realism.
Not competitive with realism—every framework provides a reason for value, the burden is on them to justify why value is subjectively determined by agents.
Surgener 11
Kirk Surgener, Neo-Kantian Constructivism and Metaethics, Department of Philosophy, The University of Birmingham, September 2011. p. 279. JC
Another difficulty is that Korsgaard, in a number of places, relies on the claim that in order for you to have reasons you must think that these are reasons because acting in accord with them secures something that you take to be valuable. This seems to commit one to quite a strong anti-realism about reasons.153 A realist about reasons, who claims that whether some consideration is a reason for action does not depend upon our taking the thing procured by that action to be valuable, but instead on whether that thing really is valuable, could block the moves up to 8. They would claim, in effect, that whether you have a reason to act in a particular way does not depend on your seeing your practical identity as a source of value, nor on you seeing your rational agency as valuable. You just have reasons, and being a rational agent involves responding to them in appropriate ways.

AT Universalizability

I don't need to accept the reasons of others; I can value my own humanity but no one else's—their framework doesn't generate true normative obligations.
Surgener 11
Kirk Surgener, Neo-Kantian Constructivism and Metaethics, Department of Philosophy, The University of Birmingham, September 2011. p. 279. JC
There are a number of problems with this argument. The first is the move I've outlined in the last paragraph. Korsgaard's reasoning for the essential publicity of reasons is extremely hard to follow (see 1996 Ch. 4). Trying to get clear on what she is doing would take a whole thesis. All I can do here is simply assert that Korsgaard seems to confuse the question of whether a reason is public with the question of whether a reason is self-directed. She may be able to show that reasons have to be public, but not that their content cannot be self- directed. If so, then it's perfectly consistent for me to value my own humanity (and thus be forced to respect the, quite weak, FU) without valuing anyone else's, and thus the step to the full-blown categorical imperative fails.
People don't share the same reasons. A reason for you cannot be a reason for me, since reasons are internally constructed and relative to the agent—reject their framework because it collapses to subjectivism.
Gert 02
"Korsgaard's Private-Reasons Argument", Joshua Gert, Philosophy and Phenomenological Research, Vol. 64, No. 2 (Mar., 2002), pp. 303-324. JC
First, Korsgaard makes an analogy with the private-language argument. But this analogy shows only that reasons, if they are to be normative, must be related to publicly observable things, such as behavior or circumstances. These public criteria must allow one, at least sometimes, to determine whether or not the purported reasons exist, and whether or not someone acted in the face of those reasons, or in a way which was justified by them. This parallels the point that for the meanings of words to be normative, they must be related to public criteria by which one can, at least sometimes, determine whether a use of the word is acceptable or not. But the parallel cannot go so far as to show that reasons are agent-neutral
,

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.