Tournament: Harvard Westlake | Round: 1 | Opponent: x | Judge: x
I affirm the resolution. Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.

Framework
The standard is maximizing expected well being as contextualized by impacts on case
Util is true - all value stems from experienced well being. Harris 10
Sam Harris 2010. CEO Project Reason; PHD UCLA Neuroscience; BA Stanford Philosophy.  The Moral Landscape: How Science Can Determine Human Values.”
I believe that we will increasingly understand good and evil, right and wrong, in scientific terms, because moral concerns … of all values.
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 … all human possibility.82 

Contention 1: Innovation
Restrictions on free speech are rapidly 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 … socially acceptable targets.
This hamstrings innovation --- universities require free exchange of knowledge as a pre-requisite to education and regulations risk transforming academies into authoritarian structures
ACTA 13 (American Council of Trustees and Alumni – independent non-profit that is focused on maintaining academic freedom and accountability among US colleges. “Free to Teach, Free to Learn: Understanding and Maintaining Academic Freedom in Higher Education”, pgs. 23-25, http://files.eric.ed.gov/fulltext/ED560924.pdf, EmmieeM)
The primary function …example, and argument.
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 … a tougher hide.
Constant innovation in the chemical industry is key to check emerging diseases
NRC 2002, National Research Council Committee on Challenges for Chemical Sciences in the 21st century “National Security and Homeland Defense” http://www.ncbi.nlm.nih.gov/books/NBK114822/)//a-berg
Many drugs are … challenge to industry.
Absent innovation, new pathogens guarantee extinction --- decreasing biodiversity means spread between hosts is easier which checks empirics and generic defense
Yule ‘13
(et al; Jeffrey V. Yule – Herbert McElveen Professor of Applied and Natural Sciences  At the School of Biological Sciences, Louisiana Tech University, Published April 2nd – Humanities 2013, 2, 147–159; doi:10.3390/h2020147)
Since the 1940s, …considerable biological implications.
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' … entrepreneurship at home.
Loss of competitiveness results in great power conflict—retrenchment makes war inevitable and ensures the US would be dragged in
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 …of multi-polarity.
Contention 2: Terror
Colleges can serve as unique places that prevent people from becoming trapped in echo chambers, but college censorship is ruining that --- students are becoming more extremist, less understanding, and convinced that they are at war with an evil “Other”
Lukianoff no date (Greg Lukianoff – attorney and CEO at the Foundation of Individual Rights in Education (FIRE); published in Wall Street Journal, LA Times, NY Times, Washington Post, and many others; has appeared on CBS Evening News, NBC’s Today Show, and many others,“How Colleges Create the ‘Expectation of Confirmation’”, “Polarization and the Thickening Walls of Our Echo Chamber” – “Can College Help Break Down the Expectation of Confirmation?”, http://www.soamcontest.com/content/how-colleges-create-expectation-confirmation, EmmieeM)
In his 2008 … societal innovation demands.
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 … 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 for extremists groups, including anarchists. It is not difficult to imagine how people who feel alienated, disenfranchised, and rebellious might find the antisociety passion and rhetoric to be attractive. They may even find a source of support and purpose. “Anarchists in particular, with their cries to ‘smash the state’ and to eradicate prisons, appeal to inmates, including many convicted of common crimes who only come to believe they are ‘political prisoners’ after their incarceration.”50 Similarly, there are examples of these groups recruiting from various youth gangs, another haven of disenfranchised young people looking for a cause. Many are drawn … available to act.
Lone wolf attackers are a unique threat – harder to track due to no required communication and much more deadly due to lack of constraints
Simon 13 (Jeffrey Simon – runs a terror and security consulting company; former RAND analyst; UCLA lecturer; published in The Journal of the American Medical Association, Foreign Policy, The Journal of Terrorism and Political Violence, The Columbia Journal of World Business, and The New York Times, “Lone Wolf Terrorism: Understanding the Growing Threat”, https://books.google.com/books?hl=enandlr=andid=MQxRCwAAQBAJandoi=fndandpg=PA3andots=w6d3tqK3hqandsig=zd9pzTPhaC2w5xBQPm1Uc3FSDHc#v=onepageandqandf=false,
pgs. 4, EmmieeM)
With the lone … still very effective.
Currently, the biggest terrorist threat to the US is white supremacist lone wolves --- they kill more Americans than jihadists and show more desire to use WMDs
Blair 14 (Charles P. Blair, Senior Fellow on State and Non-State Threats for the Federation of American Scientists who teaches classes on terrorism and WMD technology at John Hopkins University and George Mason University, “Looking clearly at right-wing terrorism,” Bulletin of the Atomic Scientists, 9 June 2014, http://thebulletin.org/looking-clearly-right-wing-terrorism7232, *fc)
Five years ago … or ideological reasons.
Dispersion of technology enables lone wolf terrorists to access chemical, biological, radiological, and nuclear weapons (CBURNs) – the impact will be mass casualties and unprecedented disruption of financial and social systems
Ackerman and Pinson 14 Gary A. ,Director of the Special Projects Division at the National Consortium for the Study of Terrorism and Responses to Terrorism (START), University of Maryland, Lauren E., Senior Research/Project Manager at START and PhD student at Yale University, “An Army of One: Assessing CBRN Pursuit and Use by Lone Wolves and Autonomous Cells,” Terrorism and Political Violence, Vol. 26, Issue 1, 2014
The first …n Western nations. 19  

Contention 3: Racism

Discrimination against African Americans exists in all forms of society Bouie 13
(Jamelle Bouie is a former staff writer at The Daily Beast. His reporting and analysis has appeared in The American Prospect, The Nation, The Atlantic, CNN.com, and The Washington Post. He covers campaigns and elections, as well as policy and public opinion. He is based in Washington, D.C. You can follow Jamelle on Twitter at @jbouie., “Racism Not a Problem Anymore? Don't Be Ridiculous, It's Still a Big Issue”, 12/03/13, http://www.thedailybeast.com/articles/2013/12/03/racism-not-a-problem-anymore-don-t-be-ridiculous-it-s-still-a-big-issue.html, “The Daily Beast”) | AT
However, it’s also …problem. We haven’t.
Racism is the root cause of poverty - UN report proves. Raja ‘13
Kanaga Raja. November 8, 2013. Kanaga Raja is Editor of the South-North Development Monitor (SUNS), from which this article is reproduced (No. 7692, 8 November 2013). SUNS is published by the Third World Network. “POVERTY AND RACISM INEXTRICABLY LINKED, SAYS UN EXPERT” Third World Network Accessed 12/26/16 http://www.socialwatch.org/node/16324 | AM
In a report to … and safe water.

Restriction harms progressive movements against racism and hampers groups like BLM. McAuliffe 16
(Kathleen McAuliffe, "95 of Colleges Prohibit Constitutionally Protected Speech.", Personal Portfolio, 07/04/2016, https://kathleenamcauliffe.com/2016/07/04/95-of-colleges-prohibit-constitutionally-protected-speech/)

But is censorship …the next generation.
Specifically, BLM is a movement for ending racism and promoting the rights of all; protests lead to confrontation of structural racism, which is uniquely key to solve. Tyner ‘15
Jarvis Tyner. 3/5/15 Tyner is Chair of the New York District of the Communist Party USA. “Black lives matter! The struggle against police murders, brutality and abuse” Political Affairs Accessed 12/3/16 http://www.politicalaffairs.net/black-lives-matter-the-struggle-against-police-murders-brutality-and-abuse/ | AM
"Black Lives Matter" … on public opinion.
Specifically, universities uniquely key to solve - most effective. Somashekhar ‘15
Sandhya Somashekhar. November 17, 2015. Somashekhar is the social change reporter for the Washington Post. “How Black Lives Matter, born on the streets, is rising to power on campus” Washington Post Accessed 12/18/16 https://www.washingtonpost.com/national/how-black-lives-matter-born-on-the-streets-is-rising-to-power-on-campus/2015/11/17/3c113e96-8959-11e5-be8b-1ae2e4f50f76_story.html | AM
The Black Lives …the past decade.

Tournament: NSDA MS nats | Round: 4 | Opponent: Ron Clark LV | Judge: Jane Yuan

I affirm:

Resolved: A just government ought to prioritize civil liberties over national security.

To clarify, 1) civil liberties only includes rights delineated in the first, fourth, fifth, and sixth amendment, which protect against government intrusion.

Randazzo 10 (Kirk A. Randazzo – PhD from USC; Associate Professor of Political Science at USC, "Defenders of Liberty or Champions of Security?: Federal Courts, the Hierarchy of Justice and U.S. Foreign Policy"", Pgs. 28 – 29, https://books.google.com/books?id=G_Kzs-03rgMCandpg=PA29andlpg=PA29anddq=22define+civil+liberties22+amendment+first+fourthandsource=blandots=DgRGE7QC8fandsig=gCY0wB4Hho8WCQituXsEGxukEGwandhl=enandsa=Xandved=0ahUKEwieg5X53r3UAhUMzWMKHab4BuQQ6AEIPTAG~~#v=onepageandq=22define20civil20liberties2220amendment20first20fourthandf=false , EmmieeM)
Cases for this analysis were identified using a Lexis-Nexis keyword search. I
AND
to litigant characteristics, legal issues, final disposition, and judge characteristics. 

2) The neg must defend that a just government ought to prioritize national security over civil liberties. Giving them other ground, such as a just government "ought not" do X, or "just governments don't exist," gives them an infinite to one advantage, such I am tied to defending the resolution, which compares two things.

3) I defend the resolution on balance. Because the res uses the word "prioritize," I agree that national security is important, but, in general, it should not come before civil liberties.

Framework

Since just governments are the enactor of the resolution and just governments look to util, that links my criterion back to the resolution. Kennan '00

– Kennan, George (Professor Emeritus at the Institute for Advanced Study, Princeton). "Morality and Foreign Policy". Foreign Affairs, Vol. 64, No. 2. 1985. P. 205-218 . NN.
Second, let us recognize that the functions, commitments and moral obligations of governments
AND
view. But the government of the sovereign state cannot make such judgments.

Since "ought" implies a moral obligation my value is morality. My value criterion is utilitarianism defined by Merriam Webster as a theory that the aim of action should be the largest possible of balance of pleasure over pain

Contention 1: NSA Mass Surveillance

National security is the justification that underlies NSA mass surveillance, which undercuts civil liberties

KELLY 14 (Jonathan J Kelly  2014 M.A. in Government, Johns Hopkins University, Washington, DC; 2009 B.A. in Political Science, The Richard Stockton College of New Jersey, Galloway, NJ BALANCING NATIONAL SECURITY AND FREEDOM: REACTIONS TO TERRORISM AND ITS EFFECT ON CITIZENS' CIVIL LIBERTIES, CIVIL RIGHTS, AND PRIVACY A thesis submitted to Johns Hopkins University in conformity with the requirements for the degree December 2014~ ~thiele~ ~https://jscholarship.library.jhu.edu/bitstream/handle/1774.2/37298/KELLY-THESIS-2014.pdf~~
Public discussions on the appropriate balance between national security and citizens' freedom have continually surged
AND
included offices of privacy and civil liberties to limit their impact on citizens. 

Metadata decimates effective counter-terror – causes information overload

Schneier 15 — Bruce Schneier, Chief Technology Officer for Counterpane Internet Security, Fellow at the Berkman Center for Internet and Society at Harvard Law School, Program Fellow at the New America Foundation's Open Technology Institute, Board Member of the Electronic Frontier Foundation, Advisory Board Member of the Electronic Privacy Information Center, 2015 ("Why Mass Surveillance Can't, Won't, And Never Has Stopped A Terrorist," Digg — excerpt from Data and Goliath, March 24^th, Available Online at https://digg.com/2015/why-mass-surveillance-cant-wont-and-never-has-stopped-a-terrorist, Accessed 07-12-2015)
The NSA repeatedly uses a connect-the-dots metaphor to justify its surveillance
AND
to work. The NSA's surveillance efforts have actually made us less secure.

Summary

If we prioritize national security, the NSA will get so much data that they will be overloaded, so they cannot solve terrorism. For example, the NSA passes thousands of tips per month, and all of them turned out to be false alarms. 

Contention 2: Drones

Drone used for the purpose of national security come with a trade-off of civil liberties

Whitfield 14 (Teresa Whitfield – fellow of the New York Center of International Cooperation/senior advisor to the Centre for Humanitarian Dialogue/ex-director of Conflict Prevention and Peace Forum at Social Science Research Council, "Endgame for the ETA: Elusive Peace in the Basque Country", pg. 13, Date Accessed: 6/15/17, https://books.google.com/books?id=C0BeBAAAQBAJandpg=PA13andlpg=PA13anddq=22drones22+trade+off+between+national+security+and+civil+libertyandsource=blandots=yra_u2rPDTandsig=0jjhDhkpF7E_jd7RVJ-QKZPITMUandhl=enandsa=Xandved=0ahUKEwjU5fXLlsDUAhUX22MKHSpmBpQQ6AEIQjAF~~#v=onepageandq=22drones2220trade20off20between20national20security20and20civil20libertyandf=false, EmmieeM)
Fundamentally, a generalized sense of threat – exacerbated by attacks on Madrid in 2004
AND
trade-off between civil liberties and national security seen in a decade. 

Drones kill primarily innocent civilians and very low-ranking terrorists, while incentivizing citizens to join terrorist organizations to seek revenge, creating massive socio-political unrest that further exacerbates the problem

Boyle 13 (Michael J. Boyle – Associate Professor of Political Science at La Salle University and a Senior Fellow with the Foreign Policy Research Institute/ex-Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University St. Andrews/PhD in International Relations from Cambridge, "The Cost and Consequences of Drone Warfare", https://pdfs.semanticscholar.org/2862/385bcee7ce4419e8816160d6a1d07eed9ec7.pdf , "The Myth of Drone Effectiveness", pgs. 3 – 22, Date Accessed: 6/15/17, EmmieeM)
The chief argument in favour of the use of drones is that they are highly
AND
governments or treats them as subservient accomplices to the brute exercise of American power

Summary

Drones are used at the trade off between national security and civil liberties—-they are used when national security is prioritized. These drones are awful, they kill an immense amount of innocent civillians while providing minimal benefit. In addition, they make terrorism worse because people seeking revenge join terrorist groups. 

Contention 3: Surveillance of Muslim Communities

The government is profiling and surveilling Muslim communities out of national security concerns, which violates their civil liberties and creates a culture of fear and distrust of law enforcement

Bartosiewicz 13 (Petra Bartosiewicz – Went to Columbia University Graduate School of Journalism/Writing for The Nation/Has written for New York Times, Harper's Bazaar, New Republic, Mother Jones, etc, "NYPD Surveillance of Muslims Has Created a Climate of Fear", https://www.thenation.com/article/nypd-surveillance-muslims-has-created-climate-fear/, Date Accessed: 6/15/17, EmmieeM)
 A new report released last week by a coalition of Muslim civil liberties groups
AND
made certain both its counterterrorism and intelligence programs and procedures pass constitutional muster." 

A strong, positive relationship between law enforcement and Muslim communities is key to challenging terrorism – Muslim communities serve as the best informants

Harris 10 Professor of Law, University of Pittsburgh School of Law (David, New York University Review of Law and Social Change, "LAW ENFORCEMENT AND INTELLIGENCE GATHERING IN MUSLIM AND IMMIGRANT COMMUNITIES AFTER 9/11," 34 N.Y.U. Rev. L. and Soc. Change 123, Lexis)AN
Bridge Building Between Law Enforcement and Muslim Communities For at least one reason, the
AND
of solid, trust-based relationships between law enforcement and these communities. 

Summary

When we prioritize national security that leads to the government violating the civil liberties of Muslims, and without that trust, it is hard to solve terrorism. When we prioritize civil liberties, we are able to work with their community to help stop terrorism and it gives the empirical example of Lackawanna.

Contention 4: Government Legitimacy

Citizens do not feel like they need to give up civil liberties for national security. Survey shows

Gao 15(Education Vassar College Poughkeepsie, NY Majored in environmental studies, with a focus on international politics Minored in English School for International Training Arusha, Tanzania Political ecology program, junior year abroad Experience Pew Research Center Washington, D.C.                                                                            October 2013 – Present Digital Producer Helped launch Fact Tank, a new data blog featuring the latest in social science research, demographics, economic trends and public attitudes. Fact Tank now receives more than 5 million unique visitors every month. Wrote more than 40 articles on political attitudes, demographics and global issues, including on Chinese public opinion of air and water pollution, demographic shifts in the U.S. toward a majority-minority society, and immigrants in the history of the U.S. Congress. Conducted original research and data analysis using on Pew Research Center's survey data, as well as Census Bureau microdata (IPUMS), United Nations population data, and World Bank economic data. Fact checked and number checked more than 200 articles based on Pew Research Center's rigorus number-checking standards. Managed all homepage content on pewresearch.org Managed @FactTank Twitter account (65,000 followers) and Pew Research Center's weekly newsletter (125,000 subscribers). Inter Press Service (IPS) News Agency New York, NY                                                              January 2013 – October 2013 Nations Correspondent Designed data journalism pilot project – that partnered IPS's local journalists in the global south with social science researchers in the UK and data visualizers in the Netherlands, to tell dynamic, human stories about economic and public policy in impoverished areas Contributed to IPS' award-winning coverage on Arms Trade Treaty negotiations, and also on the environment. Covered the 57th annual Commission on the Status of Women (CSW) at U.N. headquarters. Covered U.S.-China Relations. International Peace Institute New York, NY July 2012 – December 2012 Web Editing/ Writing Intern Wrote in-depth policy analysis on the dispute between China and Japan over the Diaoyu/ Senkakuislands in the East China Sea Wrote story on the UN's use of Twitter Maintained Web content on the Global Observatory, a policy analysis website, through Joomla, HTML, and other web tools. I also copy edited, fact checked, and edited pieces by contributors. Global Policy Forum New York, NY                                                                                                         January 2012 – July 2012 Research Intern Blogged about international law and tribunals, and about the UN Security Council. Maintained web content through Joomla, HTML, Tumblr, Twitter, Blogspot, and Facebook. Photographed public events and private, high level meetings between Security Council ambassadors and leading NGO representatives. Asian American Writers' Workshop New York, NY                                                                               January 2011 – 2013) ArnavD
 In spring 2014, 74 said they should not give up privacy and
AND
have to give up more privacy and freedom to be safe from terrorism.

Public trust in government is extremely low

Pew Research Center 17(May 3)
Public trust in the government remains near historic lows. Only 20 of Americans today say they can trust the government in Washington to do what is right "just about always" (4) or "most of the time" (16).
When the National Election Study began asking about trust in government in 1958, about
AND
to be more consistent, regardless of which party controls the White House.

====Distrust in government causes economic decline====
Swanson 16 (Ana Swanson covers the economy, trade and the Federal Reserve for the Washington Post)ArnavD
Falling levels of trust in the United States today seem to be making Americans more
AND
the middle of the graph, on the low end for both measures.

Summary

National security comes at the cost of privacy and according to a survey, 74 percent of citizens do not feel like they need to give up civil liberties for national security. Also according to another survey, 80 percent of the people don't trust the government. When there is distrust in the government that leads to economic decline, which harms the economy and leads to more corruption.

Recap

Meta-data

Drones

Muslim Surveillance

Government Legitimacy

Tournament: Damus | Round: 2 | Opponent: Rowland Hall-St Marks KO | Judge: Dan Miyamoto
Structural violence is based in moral exclusion; it allows one group to become invisible.
Winter and Leighton 99 Deborah DuNann Winter  and Dana C. Leighton. Winter is a professor of psychology at Whitman College. Leighton is an assistant professor of psychology at Southern Arkansas University. “Peace, conflict, and violence: Peace psychology in the 21st century.” Page 4-5

Thus, the standard is decreasing structural violence.
Prefer since this is a constraint on all theories; if a theory excludes others, then their starting point is flawed. Their analysis of the world will be inaccurate, and if the first premise is flawed, then the conclusion can’t be true.
GUENTHER 12 Lisa Guenther, The Living Death of Solitary Confinement, The Opinion Pages, The Stone, NYT, Aug 26, 2012

Reinhardt 2015 in Michigan Law Review:  Qualified Immunity amplifies racial discrimination in the criminal justice system—the law must be used to safeguard minority rights. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.

Qualified immunity reflects a culture of policing that justifies terrorizing minority neighborhoods and lets police know they can get away with anything. Carter ‘15
Tom Carter – WSWS Legal Correspondent, a lawyer (https://www.wsws.org/en/articles/2014/02/24/cart-f24.html). “US Supreme Court Expands Immunity for Killer Cops.” Center for Research on Globalization. November 12, 2015. http://www.globalresearch.ca/us-supreme-court-expands-immunity-for-killer-cops/5488366 JJN

Public perception of the judicial system is at an all time low—its treatment of racial minorities is the cause. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.

Robinson 11, Public Law and Legal Theory, suggests that Legal legitimacy is key to compliance with the law and maintaining order—turns back ethics based NCs. Robinson 11,
Robinson 11 (Paul, ) “Mercy, Crime Control and Moral Credibility” Public Law and Legal Theory Research Paper Series Research Paper No. #10-32

Secretary General of the UN, Legal legitimacy is key to promote peace and prevents future conflict.
Ban, 04, Secretary General of the UN Ki-Moon, “The rule of law and transitional justice in conflict and post-conflict societies”, UN Security Council, August 23, S/2004/616, 

National Coalition against Domestic Violence

American Civil Liberties Union, 2015, Police departments fail to investigate domestic violence – DOJ investigations prove. ACLU 12/15
American Civil Liberties Union. 12/15/15 For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. With more than a million members, activists, and supporters, the ACLU is a nationwide organization that fights tirelessly in all 50 states, Puerto Rico, and Washington, D.C. to safeguard everyone’s rights. It is a non partisan group. “POLICE DEPARTMENTS ASKED TO EXAMINE GENDER-BIAS AND VICTIM TREATMENT” ACLU Accessed 11/12/16 https://www.aclu.org/news/doj-issues-new-guidance-police-domestic-violence-and-sexual-assault-cases | AM I do not endorse the gendered language in this card, nor that domestic violence only affects women or those in heterosexual relationships.

Schtelmakher, civil litigation New York states
The USFG should amend qualified immunity. Should not allow police officers protection when they create danger to domestic violence victims through actions or an act of omission. Shtelmakher 10 explains:

Qualified immunity is a key obstacle in fighting domestic violence. Shtelmakher 10

Michael Dean, Oakland County attorney, The best way to solve domestic violence is to limit qualified immunity for police officers for domestic violence.
Dean ‘98 Michael Dean. April 8, 1998 Dean has been an attorney, counselor and businessman in Southeast Oakland County since 1981. Attorney Michael Dean graduated from Albion College, cum laude, with a degree in Economics and Professional Management. Michael Dean worked in the family business while attending the University of Detroit Law School. “THE FAILURE OF LAW ENFORCEMENT TO ENFORCE THE LAW” Michael Dean Accessed 11/4/16 “http:mdean.tripod.com/immunity.html” | AM

TEXT: ACTOR UNKNOWN ought to change the doctrinal formula for qualified immunity replacing the ‘clearly established standard’ and the ‘reasonableness standard’ with a ‘clearly unconstitutional standard for police officers.
to limit Qualified Immunity. Currently Qualified Immunity applies two tests and by eliminating these two tests, we achieve all of the benefits of Qualified Immunity without any of the harms.
Michigan Law Review, 2015 

Today, courts no longer even raise the question of if a constitutional violation occurred. That creates a system of continued rights violations. Aff can solve this by asking the test question on whether conduct was clearly unconstitutional. 

Reinhardt ‘15