Tournament: CPS | Round: 2 | Opponent: Brentwood JD | Judge: Samee Ziaee
I affirm. Resolved: Public colleges and universities in the US ought not restrict any constitutionally protected speech.
To clarify, here’s a list of things the First Amendment does not permit – meaningless obscenity, child pornography, expression that in and of itself causes injury, and remarks intended to cause violence
Ruane 14 (Kathleen Anne Ruane – Legislative Attorney. Her report was published by the Congressional Research Service, which is a branch of government, “Freedom of Speech and Press: Exceptions to the First Amendment”, https://fas.org/sgp/crs/misc/95-815.pdf,pgs. 1-5, EmmieeM)
The First Amendment to the united States Constitution provides that “Congress shall make no
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constitutes a “true threat,” and not against mere “political hyperbole.”
Framework
The standard is maximizing expected wellbeing
The constitutive obligation of the state is to protect citizen interest—individual obligations are not applicable in the public sphere. Goodin 95
Robert E. Goodin. Philosopher of Political Theory, Public Policy, and Applied Ethics. Utilitarianism as a Public Philosophy. Cambridge University Press, 1995. p. 26-7
The great adventure of utilitarianism as a guide to public conduct is that it avoids
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thus understood is, I would argue, a uniquely defensible public philosophy.
Moral uncertainty means we default to preventing extinction under any ethical framework
BOSTROM 11
(2011) Nick Bostrom, Future of Humanity Institute, Oxford Martin School and Faculty of Philosophy
These reflections on moral uncertainty suggests an alternative, complementary way of
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value. To do this, we must prevent any existential catastrophe.
Death is the worst form of evil since it destroys the subject itself.
Paterson 03 – Department of Philosophy, Providence College, Rhode Island (Craig, “A Life Not Worth Living?”, Studies in Christian Ethics.
Contrary to those accounts, I would argue that it is death per se that
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the person, the very source and condition of all human possibility.82
Innovation
Restrictions on free speech are increasing, destroying the educational environment
Slater 16 (Tom Slator – editor of this book (it’s a collection of essays from many different people). He also wrote the introduction from which this was cut. Deputy Editor of Spiked, runs Free Speech University Ratings, and has written for The Times/The Telegraph/Independent, “Unsafe Space: The Crisis of Free Speech on Campus”, pgs. 2 - 3, https://books.google.com/books?hl=enandlr=andid=vdP7CwAAQBAJandoi=fndandpg=PP1anddq=college+speech+restrictions+risingandots=YBNOvRNy1Tandsig=BmpSFkTJts9QsI1YcDAjxmB6dpQ#v=onepageandq=college20speech20restrictions20risingandf=false, EmmieeM)
Over the past few years, campus censorship has reached epidemic levels. In 2015
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dwell on the easy arguments and defend only the most socially acceptable targets.
Free speech on public colleges is a key internal link to scientific discovery --- campus speech restrictions allows for worse forms of coercion that skews data and a culture of open debate is key to advancement
Economist 16 (“Under Attack”, “The Inconvenient Truth”, http://www.economist.com/news/leaders/21699909-curbs-free-speech-are-growing-tighter-it-time-speak-out-under-attack, EmmieeM)
Intolerance among Western liberals also has wholly unintended consequences. Even despots know that locking
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Win the argument without resorting to force. And grow a tougher hide.
The ability to handle differing opinion is the most important internal link to competitiveness --- prevents workplace apathy and encourages diverse perspectives on issues
Viljoen 15 (Rica Viljoen - Adjunct Faculty at Henley Business School – Africa, “Inclusive Organizational Transformation: An African Perspective on Human Niches and Diversity of Thought”, “2.8 Conclusion”, https://books.google.com/books?id=WDE3DAAAQBAJandpg=PA46andlpg=PA46anddq=the+ability+to+handle+opposing+views+is+critical+forandsource=blandots=Zf3rT7MKovandsig=gtUj7Y8AxKh-TPNlCrT6ebbJ9Gsandhl=enandsa=Xandved=0ahUKEwjqqsus-tjQAhVB5mMKHb4ICiAQ6AEIHDAA#v=onepageandq=the20ability20to20handle20opposing20views20is20critical20forandf=false , pgs. 45-46, EmmieeM)
The integral inclusivity framework presented in Figure 2.2 depicts how, through the
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diversity dynamics that typically may negatively impact on organizational behaviour, are optimized.
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 primacy depends in large part on its ability to develop new
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, the United States must get better at fostering technological 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 fiscal trends pose the most severe long-term threat to
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leading the world toward a new, dangerous era of multi-polarity.
Terror
Freedom of expression allows extremist viewpoints to be challenged through debate, which demonstrates their flaws and de-motivates others from adopting them -- speech bans only lead to hostility, divided communities, and push-back, which exacerbates terrorism
Lombardi 15 (Marco Lombardi – member of the Italian Team for Security, Terroristic Issues, and Managing Emergencies, which is a research department in the Catholic University of the Sacred Heart in Milan, “Countering Radicalisation and Violent Extremism Among Youth to Prevent Terrorism”, https://books.google.com/books?id=_kAoBgAAQBAJandpg=PA3andlpg=PA3anddq=preventing+free+discussion+leads+to+extremismandsource=blandots=TJ8fW6700zandsig=Lz4MWuGl6LkEYxy5RdXBDrCAxfUandhl=enandsa=Xandved=0ahUKEwiq56aDsvTQAhUS1GMKHRNUBC4Q6AEIXzAN#v=onepageandq=preventing20free20discussion20leads20to20extremismandf=false , pgs. 3- 4, EmmieeM)
First, we should carefully calibrate prevention activities and avoid catch-all, indiscriminate
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law enforcement or secret services because this would discredit and ultimately sabotage them.
This is especially pertinent in the case of colleges – students are much more likely to be recruited or adopt extremist views
Borum 5 (Randy Borum – Professor and Director of Intelligence Studies in the School of Information and Academic Coordination for Cybersecurity at the University of Southern Florida; Chuck Tilby – member of the Police Department, “Anarchist Direct Action: A Challenge for Law Enforcement”, “Recruitment, pg. 214, http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1552andcontext=mhlp_facpub, EmmieeM)
It should not be surprising to learn that jails and prisons are major recruiting sites
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to be young, energetic, and idealistic with time available to act.
Solvency
Outlawing hate-speech is counter-productive – rules will be turned on minorities, discussions become diverted towards fights over censorship, and students are taught to rely on their oppressors for protection. The AFF allows for counterspeech, which creates community mobilization, turns third-parties away from hate-speech, and is empowering – empirically proven to work
Calleros 95 (Charles R. Calleros – Professor of Law at Arizona State University, “PATERNALISM, COUNTERSPEECH, AND CAMPUS HATE-SPEECH CODES: A REPLY TO DELGADO AND YUN”,
“II. Reply to the Authors’ Rejection of The Arguments of the Moderate Left”, EmmieeM)
To challenge them on their strongest ground, I will work within the analytic framework
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it sparked counterspeech and community action that strengthened the campus support for diversity.