Tournament:  | Round: 1 | Opponent:  | Judge:
Email 21AditiV@students.harker.org for questions/concerns or even the full text

Tournament: Berkeley | Round: 9 | Opponent:  | Judge: 

1AC

Framework

We need to engage with concrete action, we have become fixated on symbolic gestures and looking to personal ethics, leading to serial policy failure and the War on Terror. Thus the role of the ballot is to vote for the debater that best deconstructs the security state through policy action.

Chandler 7 (David Chandler – Professor of International Relations and the Director of the Centre for the Study of Democracy at the Department of Politics and International Relations at the University of Westminster. He's also the founding editor of the Journal of Intervention and Statebuilding, "The Attraction of Post-Territorial Politics: Ethics and Activism in the International Sphere (The Inaugural Lecture of Professor David Chandler)", http://www.davidchandler.org/wp-content/uploads/2014/10/Inaugural-lecture.pdf, pgs. 1-9, EmmieeM)
Introduction. It seems that our engagement with and understanding of politics is increasingly shaped
AND
, critique, and ultimately overcome the practices and subjectivities of our time. 

Thus, the plan. Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.

Downs 4 (Donald Alexander Downs – Professor of Political Science, Law and Journalism at the University of Wisconsin, Madison, and Research Fellow at the Independent Institute, Oakland, California. He has won the Annisfield-Wolf Book Award, the Gladys M. Kammerer Award of the American Political Science Association, and has been in published in journals, encyclopedias, and professional books. "Restoring Free Speech and Liberty on Campus", pgs. Xx – xxi, http://www.thedivineconspiracy.org/Z5243N.pdf, EmmieeM)
During most of the twentieth century, threats to campus free speech and academic freedom
AND
commitment on campus can help to bring about this retrieval of liberal principles.

Recognition

Colleges are the target of the security state – perception that universities are capable of supporting democracy and dissent over the War on Terror and free enterprise drives right-wing extremists to enforce censorship pretending to advance and tolerate rights.

Giroux 6 (Henry A. Giroux – one of the founding theorists of critical pedagogy, PhD from Carnegie, was a professor at Boston University and scholar at Miami University. Was the founding Director of the Center for Education and Cultural Studies. Published by John Hopkins University Press, "Academic Freedom Under FIre: The Case for Critical Pedagogy, pgs. 1 – 9, http://muse.jhu.edu/article/203608/pdf, EmmieeM)
Higher education in the United States appears to be caught in a strange contradiction.
AND
the best talent to American universities" (Jonathan Cole 2005b, B7).

The security state pretends to enforce diversity in colleges while using censorship to eradicate dissenters and minorities. Absent analysis of the War on Terror, liberation becomes impossible because struggles for racial or gender equality leads to Islamaphobia and Middle East interventionism.

Chatterjee 14 (Piya Chatterjee – Gender and Woman's Studies Chair of the Feminist, Gender, and Sexuality Department at Scripps; B.A. from Wellesley in Political Science/Anthropology; M.A. at UChicago in Political Science/Anthropology; PhD at UChicago in Anthropology; numerous awards (professor of the year, bridging theory to practice grant, ford foundation grant, etc); Sunandra Maira – Professor of Asian American studies at UC Davis; Ed.D in Human Development and Psychology from Harvard; "The Imperial University: Race, War, and the Nation-State", "Academic Contaiment" – entire section, pg. 17 – 25, https://www.csun.edu/cdsc/Imperial20University20Introduction20-20Piya20Chatterjee20and20Sunaina20Maira.pdf, "Academic Containment", EmmieeM)
State warfare and militarism have shored up deeply powerful notions of patriotism, intertwined with
AND
the mission of higher education and the future of the nation-state. 

The security state operates on a binary where people are either allies or dissenters to be destroyed at all costs, anything other than complete rejection hyperlinks to the impacts of the AFF.

Ivie 5 (Robert L. Ivie – PhD in Rhetoric and Communication at WashU, "Democratic Dissent and the Trick of Rhetorical Critique", "Dissent as a Form of Struggle" – entire section, pg. 279 – 280, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.832.4092andrep=rep1andtype=pdf, EmmieeM)
Democracy's formidable challenge may be most clearly indicated on the occasion of war. War
AND
it is otherwise curtailed and constrained by a regime of crisis and war?

The state justifies warfare with this binary to sustain hegemony and the myth of threats, any weighing calculus that fails to account for the invisible violence happening in the status quo is epistemologically flawed – only through acknowledging that the War on Terror is fueled by the torture and slaughter of ordinary citizens can we deconstruct securitization.

McClintock 9 (Anne McClintock – B.A in English from University of Cape Town; M.Phil in Linguistics at the University of Cambridge; PhD in English Literature from Columbia; previous Associate Professor of Gender and Cultural Studies at Columbia"Paranoid Empire: Specters From Guantanamo and Abu Ghraib", pgs. 50-54, http://english110fall2014leroy.qwriting.qc.cuny.edu/files/2014/06/13.1.mcclintock.pdf, EmmieeM)
The question is still open: what is the purpose of Guantanamo Bay? Is
AND
contradictory sites where imperial racism, sexuality, and gender catastrophically collide.11

Free speech replace campus criticism with government-approved propaganda – massive spillover – journalism grads lose the ability to pursue controversial pieces and censorship becomes normalized

Sanders 6 (Chris Sanders –  University of Arizona Law Review, "Censorship 101: Anti-Hazelwood Laws and the Preservation of Free Speech at Colleges and Universities", "Say no More: Hazelwood's Dangers For College Students' Free Expression" – through the end of "Too Much Freedom: How the Extension of Hazelwood to Universities Could Endanger the Future of the First Amendment", pgs. 171 – 173, https://www.law.ua.edu/pubs/lrarticles/Volume2058/Issue201/sanders.pdf , EmmieeM)
Post-Hazelwood censorship disputes have not been limited to high schools; a number
AND
" speech is nothing more than a distant memory from an earlier time.

Discourse is a pre-requisite to change – relationships must first be made visible before reformation can occur

Wingenbach 11 (Ed, Notre Dame Government and international studies PhD, "Institutionalizing Agonistic Democracy," pg 190-198, https://books.google.com/books?id=7-8JrC64UgwCandprintsec=frontcover//LADI)
Third, because Knops ignores the situated source of antagonism and the persistence of hegemony
AND
opened up to greater contestation, generosity, and active re-constitution. 

Underview

Looking to critiques guarantees failure as you deny 6 billion people a network of production that is crucial to their survival and is more likely to drive people towards reigning ideology.

Bryant 12 — Levi R. Bryant, Professor of Philosophy at Collin College, holds a Ph.D. in Philosophy from Loyola University in Chicago, 2012 ("Underpants Gnomes: A Critique of the Academic Left," Larval Subjects—Levi R. Bryant's philosophy blog, November 11^th, Available Online at http://larvalsubjects.wordpress.com/2012/11/11/underpants-gnomes-a-critique-of-the-academic-left/, Accessed 02-21-2014)
I must be in a mood today–half irritated, half amused–because
AND
.  Instead we prefer to shout and denounce.  Good luck with that.

It's try or die – militarism is the root cause of everything CACC 11:

Admin, "Rejecting Militarism", FEBRUARY 15, 2011, Canadians for Emergency action on Climate Change, http://climatesoscanada.org/blog/2011/02/15/rejecting-militarism/ climate change, wars, displacement, resource scarcity, false solutions, wealth concentration
Resources: ~1~ http://www.fcnl.org/budget/
AND
will not accept the death spiral of militarism, war and climate change. 

Totalizing accounts of power freeze resistance – working within structures of power creates spaces of meaning contra oppressive scripts.

Zanotti 13 (Laura, Ph.D., Virginia Tech, "Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World," Alternatives: Global, Local, Political 201X, Vol XX(X) 1–17)
Political agency is not portrayed as the free subjects' total rejection of a unified totalizing
AND
position leads not to apathy but to hyper- and pessimistic activism.''

1. The impact of T and Theory must be to drop the argument:

A. Proportionality: Rejecting the debater for a single issue is unfair. If I make an unfair argument then I should lose that argument not the entire round.

B. Brightline: Abuse falls on a continuum from small violations to larger ones, and when the abuse becomes significant enough to reject the debater is arbitrary. Because the decision is inevitably arbitrary, using the debate equivalent of a death penalty supercharges the arbitrariness

2. If theory is a reason to reject the debater, theory must be an RVI for the aff—that is, either an I meet or a counterinterp is sufficient to win the round.

A. Time Skew: By precluding the AC, theory makes the 6 minute AC useless and only leaves me 7 minutes of speaking time.

B. Reciprocity: My opponent has quantitatively more ways to reach the ballot. He can win through either winning substance or theory while I have to do both in order to win. They can choose what they want to collapse to but I can't.

3. Theory should be an issue of reasonability—the brightline is the existence of link and impact turn ground—all I have to do to answer his theory is prove as long as he can engage in the same practice, that means there's no abuse because structural access to the ballot is the same or as long as he can turn the AC, it's fair.

A. There are multiple legitimate interpretations of the topic and the aff goes into the round blind

B. Increases topical clash by avoiding unnecessary theory; I am open to accepting neg interps provided they are reasonable and solves abuse on spec because I'll clarify in CX.

4. Both the affirmative and negative must check all theory interps read within the round within cross examination—that is, they must ask whether I meet x interpretation.

A. Prevent frivolous I meet theory, because we can resolve the nitty gritty semantics of theory within CX.

B. CX checks deters abusive 1ACs because the aff is no longer able to make ridiculous I meets.

C. CX enough to check all theory interps in the 1ac—you have 7 minutes of prep time.

D. CX checks bad is a counterinterpretation, this is an offensive interpretation that sets a burden on both debaters to meet

Tournament: Stanford | Round: 9 | Opponent:  | Judge: 

1AC

ROB

The political process has changed – instead of trying to engage with society, we have become fixated on symbolic gestures and looking to personal ethics, leading to serial policy failure and the War on Terror. We need to engage with concrete action not 'me-search' and radical utopias. Thus the role of the ballot is to vote for the debater that best deconstructs the security state through policy action.

Chandler 7 (David Chandler – Professor of International Relations and the Director of the Centre for the Study of Democracy at the Department of Politics and International Relations at the University of Westminster. He's also the founding editor of the Journal of Intervention and Statebuilding, "The Attraction of Post-Territorial Politics: Ethics and Activism in the International Sphere (The Inaugural Lecture of Professor David Chandler)", http://www.davidchandler.org/wp-content/uploads/2014/10/Inaugural-lecture.pdf, pgs. 1-9, EmmieeM)
Introduction. It seems that our engagement with and understanding of politics is increasingly shaped
AND
, critique, and ultimately overcome the practices and subjectivities of our time. 

Thus, the plan. Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.

Downs 4 (Donald Alexander Downs – Professor of Political Science, Law and Journalism at the University of Wisconsin, Madison, and Research Fellow at the Independent Institute, Oakland, California. He has won the Annisfield-Wolf Book Award, the Gladys M. Kammerer Award of the American Political Science Association, and has been in published in journals, encyclopedias, and professional books. "Restoring Free Speech and Liberty on Campus", pgs. Xx – xxi, http://www.thedivineconspiracy.org/Z5243N.pdf, EmmieeM)
During most of the twentieth century, threats to campus free speech and academic freedom
AND
commitment on campus can help to bring about this retrieval of liberal principles.

Recognition

Colleges are the newest target of the security state – the perception that universities are uniquely capable of supporting democracy and dissent over the War on Terror and free enterprise drives right-wing extremists to enforce censorship, under the guise of advancing tolerance and rights

Giroux 6 (Henry A. Giroux – one of the founding theorists of critical pedagogy, PhD from Carnegie, was a professor at Boston University and scholar at Miami University. Was the founding Director of the Center for Education and Cultural Studies. Published by John Hopkins University Press, "Academic Freedom Under FIre: The Case for Critical Pedagogy, pgs. 1 – 9, http://muse.jhu.edu/article/203608/pdf, EmmieeM)
Higher education in the United States appears to be caught in a strange contradiction.
AND
the best talent to American universities" (Jonathan Cole 2005b, B7).

The dissenter has become the terrorist to be eradicated – the security state has transformed college censorship into a tool of suppression for radical or brown students under the pretense of enforcing diversity and tolerance for right-wing students. Absent analysis of the War on Terror, liberation becomes impossible because struggles for racial or gender equality becomes coopted to further Islamaphobia and Middle East interventionism.

Chatterjee 14 (Piya Chatterjee – Gender and Woman's Studies Chair of the Feminist, Gender, and Sexuality Department at Scripps; B.A. from Wellesley in Political Science/Anthropology; M.A. at UChicago in Political Science/Anthropology; PhD at UChicago in Anthropology; numerous awards (professor of the year, bridging theory to practice grant, ford foundation grant, etc); Sunandra Maira – Professor of Asian American studies at UC Davis; Ed.D in Human Development and Psychology from Harvard; "The Imperial University: Race, War, and the Nation-State", "Academic Contaiment" – entire section, pg. 17 – 25, https://www.csun.edu/cdsc/Imperial20University20Introduction20-20Piya20Chatterjee20and20Sunaina20Maira.pdf, "Academic Containment", EmmieeM)
State warfare and militarism have shored up deeply powerful notions of patriotism, intertwined with
AND
the mission of higher education and the future of the nation-state. 

The security state operates on a binary where people are either complacent allies or dissenters to be suppressed at all costs – by framing unsavory speech acts as coming from people who are our equals and share more similarities than differences rather than evil "Others" to be destroyed, the affirmative avoids cooption of "protection" movements and the antagonisms that drive war. Anything other than complete rejection hyperlinks to the impacts of the AFF.

Ivie 5 (Robert L. Ivie – PhD in Rhetoric and Communication at WashU, "Democratic Dissent and the Trick of Rhetorical Critique", "Dissent as a Form of Struggle" – entire section, pg. 279 – 280, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.832.4092andrep=rep1andtype=pdf, EmmieeM)
Democracy's formidable challenge may be most clearly indicated on the occasion of war. War
AND
it is otherwise curtailed and constrained by a regime of crisis and war?

Any form of free speech restrictions leads to massive overreach and censorship of minority movements – empirically proven

Gey 98 (Steven G. Gey – John W. and Ashley E. Frost Professor of Law, Florida State University College of Law, "Postmodern Censorship Revisited: A Reply to Richard Delgado", "Professor Delgado and the Problem of Government Overreaching" – partway through, EmmieeM)
Professor Delgado responds to the problem of controlling the application of speech-regulation statues
AND
in a "deliberate, planned extermination or attempted extermination of a people."  

Security thrives on insecurity – the state fabricates dangerous "Others" to justify endless warfare in order to sustain hegemony and the myth of perpetual threats. Any weighing calculus that fails to account for the invisible violence happening in the status quo is epistemologically flawed – only through acknowledging that the War on Terror is fueled by the torture and slaughter of ordinary citizens can we deconstruct securitization.

McClintock 9 (Anne McClintock – B.A in English from University of Cape Town; M.Phil in Linguistics at the University of Cambridge; PhD in English Literature from Columbia; previous Associate Professor of Gender and Cultural Studies at Columbia"Paranoid Empire: Specters From Guantanamo and Abu Ghraib", pgs. 50-54, http://english110fall2014leroy.qwriting.qc.cuny.edu/files/2014/06/13.1.mcclintock.pdf, EmmieeM)
The question is still open: what is the purpose of Guantanamo Bay? Is
AND
contradictory sites where imperial racism, sexuality, and gender catastrophically collide.11

Free speech codes shut down campus criticism and replace it with government-approved propaganda – there's a massive spillover effect because journalism grads lose the ability to pursue controversial pieces and censorship becomes normalized

Sanders 6 (Chris Sanders –  University of Arizona Law Review, "Censorship 101: Anti-Hazelwood Laws and the Preservation of Free Speech at Colleges and Universities", "Say no More: Hazelwood's Dangers For College Students' Free Expression" – through the end of "Too Much Freedom: How the Extension of Hazelwood to Universities Could Endanger the Future of the First Amendment", pgs. 171 – 173, https://www.law.ua.edu/pubs/lrarticles/Volume2058/Issue201/sanders.pdf , EmmieeM)
Post-Hazelwood censorship disputes have not been limited to high schools; a number
AND
" speech is nothing more than a distant memory from an earlier time.

Discourse is a pre-requisite to change – relationships must first be made visible before reformation can occur

Wingenbach 11 (Ed, Notre Dame Government and international studies PhD, "Institutionalizing Agonistic Democracy," pg 190-198, https://books.google.com/books?id=7-8JrC64UgwCandprintsec=frontcover//LADI)
Third, because Knops ignores the situated source of antagonism and the persistence of hegemony
AND
opened up to greater contestation, generosity, and active re-constitution. 

Underview

The affirmative is an act of carpentry – the world is a really messed up place, but you cannot deny the existence of 6 billion people who cannot survive absent infrastructure and networks that provide food, transportation, and medicine. Empty critiques and radical upheavals devoid of concrete proposals are incomprehensible, doomed to failure, and drive people towards reigning ideology

Bryant 12 — Levi R. Bryant, Professor of Philosophy at Collin College, holds a Ph.D. in Philosophy from Loyola University in Chicago, 2012 ("Underpants Gnomes: A Critique of the Academic Left," Larval Subjects—Levi R. Bryant's philosophy blog, November 11^th, Available Online at http://larvalsubjects.wordpress.com/2012/11/11/underpants-gnomes-a-critique-of-the-academic-left/, Accessed 02-21-2014)
I must be in a mood today–half irritated, half amused–because
AND
.  Instead we prefer to shout and denounce.  Good luck with that.

Tournament: MS TOC | Round: 4 | Opponent: Elite Leader Institute ZW | Judge: Russell Weas

1AC

I affirm. Resolved: Public colleges and universities in the US ought not restrict any constitutionally protected speech.

To clarify, here's a comprehensive list of things the First Amendment does not permit –obscenity, expression that causes injury, and remarks that 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
AND
constitutes a "true threat," and not against mere "political hyperbole." 

Framework

The standard is maximizing expected wellbeing as contextualized by impacts on case

Util is axiomatically true - all value stems from experienced wellbeing. 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,
AND
, therefore, consequences and conscious states remain the foundation of all values. 

Solvency

Censoring hate speech entrenches racism —- extremists get to look like martyrs, offensive terms are re-coded and then normalized, and it abstracts from material change. Also, attempts to censor something empirically make it more appealing and leads to greater publication

Heinze 16 (Eric Heinze – Professor of Law and Humanities at the University of London, "Hate Speech and Democratic Citizenship", "The Prohibitionist Challenge", pgs. 149-152, https://books.google.com/books?id=UJJyCwAAQBAJandpg=PA150andlpg=PA150anddq=censoring+hate+speech+helps+the+right-wing+martyrandsource=blandots=aVdz0PZticandsig=prvOZgxAtkhebwxC7EDhcb6HDicandhl=enandsa=Xandved=0ahUKEwj0xaWXofLQAhXEwlQKHcqWDwUQ6AEIIjAB~~#v=onepageandq=censoring20hate20speech20helps20the20right-wing20martyrandf=false, EmmieeM)
American oppositionists have lacked domestic empirical evidence of ineffectiveness, available on the continent,
AND
still-unconquered, non-viewpoint-punitive territory within public discourse. 

Independently, 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
AND
diversity dynamics that typically may negatively impact on organizational behaviour, are optimized. 

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 few years, campus censorship has reached epidemic levels. In 2015
AND
dwell on the easy arguments and defend only the most 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 of a university is to discover and disseminate knowledge by means of
AND
be left to the informal processes of suasion, 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 liberals also has wholly unintended consequences. Even despots know that locking
AND
Win the argument without resorting to force. And grow 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 produced by either chemical synthesis or biosynthetic processes. Recent advances in
AND
them for their biological activities or functions also remains a 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 2^nd – Humanities 2013, 2, 147–159; doi:10.3390/h2020147)
Since the 1940s, humans in industrialized nations have been relatively sheltered from the threat
AND
not, and the potential failure of our species has 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' global primacy depends in large part on its ability to develop new
AND
, 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 8^th, 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
AND
leading the world toward a new, dangerous era of multi-polarity.

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 book, The Big Sort: Why the Clustering of Like-
AND
to the bold questioning and uncomfortable discussions that intellectual and 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 carefully calibrate prevention activities and avoid catch-all, indiscriminate
AND
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
AND
to be young, energetic, and idealistic with time 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 wolf terrorist threat growing and
AND
dangerous because sometimes they can be mentally unstable, yet 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 the US Department of Homeland Security's Homeland Environment Threat Analysis Division released
AND
exaggerated, but neither should it be suppressed for political 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 question to answer is whence the concerns about the nexus between CBRN weapons
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well influence the weapon selection of lone actor jihadists in Western nations. 19

Tournament: Damus | Round: 2 | Opponent: Brentwood Lily Richmond | Judge: Adam Bistagne

Constitutional Standard AC

FW

I affirm.

Since ought implies a moral obligation, I value morality, which presupposes inclusion since it assumes equal worth and since only inclusion can promote compliance. Morality has to guide action; if ethics aren't grounded in action, then they lose their prescriptive value, destroying morality.

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~
She argues that our normal perceptual cognitive processes divide people into in-groups and
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local cultures, will be our most surefooted path to building lasting peace.

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~
Deprived of everyday encounters with other people, and cut off from an open-
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and to lend their own unique perspective to creating meaning in the world.

Democracies' first obligation is to uphold critical constitutional rights

Alexy '03
Alexy, Robert. "Constitutional rights, balancing, and rationality." Ratio Juris 16.2 (2003): 131-140.
Robert Alexy is a jurist and a legal philosopher. He received his PhD in
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, as follows: "A 'balancing of interests' becomes necessary."6

Any form of ethical system must first acknowledge the social oppression of groups.

Young '90: 
Young, Iris Marion. Young was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies and the Human Rights program there. Justice and the Politics of Difference. Princeton, NJ: Princeton UP, 1990. Print. CM
Second, because it assures a voice for the oppressed as well as the privileged
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silenced by cultural imperialism. Group representation in the public facilitates such expression.

Plan

QI application has shifted—we now use reasonableness and precedent standards so broad that filing suit is IMPOSSIBLE. 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.
Hope was short-lived.140 For one thing, the Court began to
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wounded or deceased victim of excessive force at the hands of law enforcement.

TEXT: The USFG 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.

That allows us to provide adequate civil rights protection while maintaining consistency with current law—means no link to disads. Jeffries '10

University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2010-21 What's Wrong With Qualified Immunity? John C. Jeffries, Jr. University of Virginia School of Law June 2010
A second suggestion would be to change the doctrinal formula for qualified immunity. Rather
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would not be irrelevant in determining whether conduct is ―clearly unconstitutional.‖ 84

Advantage 1:

The advantage is legal system legitimacy and racism. Court expansion of QI exacerbates 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.
Unfortunately, the Court's recent treatment of federal habeas law and qualified immunity evinces a
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decisions in other areas of the law,176 only exacerbated the problem.

Courts no longer even raise the question of if a constitutional violation occurred—creates a system of continued rights violations only the aff can solve. 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
Although there is a great deal that is troubling about the qualified immunity doctrine as
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to articulate constitutional rights will surely have far-reaching, negative repercussions.

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.
This is an especially unfortunate time to be limiting the opportunities of those who have
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. On this score, the Court has simply failed in its mission.

Legal legitimacy is key to compliance with the law and maintaining moral 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
Perhaps the greatest utility of empirical desert comes through a more subtle but potentially more
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it will be effective in doing so only if it has sufficient credibility. 

And, Legal legitimacy is key to promote peace and prevents future conflict. Ban 04,

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, http://www.unrol.org/files/200420report.pdf~~
2. The objective of the present report is to highlight key issues and lessons
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manner. Viewed this way, prevention is the first imperative of justice.

Underview

Even if police officers were taken to court—it's municipalities that would have to pay damages. Means no link to police enforcement DAs and the aff is key to challenging the state. 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
Unfortunately, the Court's actions no longer match its rhetoric. In fact, they
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has once again exalted a lesser concern over the protection of constitutional rights.

Tournament: NDSA Nats MS | Round: 1 | Opponent: St Johns CZ | Judge: Nathan Leal

1AC

Overview

I affirm:

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

To clarify:

1) 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.

2) 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

A just government is one that is a consequential utilitarian – or does the greatest good for the greatest amount of people.

Vyas no date (M.K. Vyas – Professor and Faculty of Law at JNV University, "Concept of Justice, Utilitarianism and Other Modern Approaches", "Utilitarianism and the Notion of Justice", http://www.bhu.ac.in/lawfaculty/blj2006-072008-09/BLJ_2006/6_MKVyas.doc, Date Accessed: 6/13/17, pg. 4, EmmieeM)
Utilitarianism as an ethical political and legal theory is essentially a product of the English mind. It is essentially associated with Jermy Bentham and John Stuart Mill. The theory believes that man is social by nature and is always motivated in life chiefly by the desire to obtain happiness and avoid pain and that the happiness of each individual involves relations with other individuals which necessitates state regulation of mutual relations of men by legislation. Utilitarian philosophy is thus closely associated with practical ethics and practical politics. The object of legislation of the state is to promote and secure the greatest happiness of the greatest number. The criterion of right and wrong of good and bad which the state should apply is found in happiness and not in divine revelation, dictates of conscience or in the abstract principles of reason. It insisted that all political institutions and public offices must be judged by their fruits and not by their ideality, i.e., by their actual effects on the happiness of the people and not by their conformity to the theories of natural rights or absolute justice. Thus this theory is based on the psychological doctrine of hedonism which proceeds on the assumption that man is a sentient being, a creature of feeling and sensibility. The principle of utility or the greatest happiness of the greatest number is the measuring rod by which utilitarian measure and evaluate the public policies and legislative enactments of governments. The state is a necessity for the promotion of the greatest happiness of the greatest number and it is a means, not an end in itself.  Thus, Bentham does not recognize individual's human rights and therefore the idea of justice is merely a subordinate aspect of utility.5 His principle of justice is an implicit part of utility as incorporated in a legislation. It, therefore, seems that his theory of justice is justice according to law as laid down in a legislation. He was not prepared to recognize a general or specific human right to justice because he had no respect for natural rights. In his "Anarchical Fallacies", Bentham critically examined the French Declaration of the Rights of man and dubbed them as simple nonsense rhetorical nonsense, "nonsense upon stilts".6 Every just government, Bentham accordingly would have said, had he been writing the American Declaration of Independence, deprives its authority not from the consent of the governed but from the utility of its acts in promoting the happiness of its subjects. The happiness of the body politic consists in promoting security, substance, abundance and equality and these are the objects which legislator should keep in view while enacting a particular piece of legislation.  John Stuart Mill agreed generally with Bentham's doctrine but he slightly modified it and included qualitative pleasure along with quantitative one. He also insisted that the utilitarian doctrine of happiness was altruistic rather than egoistic, since its ideal was the happiness of all concerned. Within the utilitarians, one of the chief issues of legal philosophy to which Mill suggested an approach different from that of Bentham was the significance that should be attributed to the concept of justice. Bentham had spoken of justice in a deprecatory fashion and had subordinated it completely to the dictates of utility. At one place he observed:

My value for today is to minimize death, and my criteria to judge it is consequential utilitarianism.

Immigration

Subpoint A – Squo

Immigrant surveillance has skyrocketed- it's a central part of enforcement strategies

Kalhan '14 ~Anil, J.D. from Yale Law School, Associate Professor of Law, Drexel University. A.B., Brown University, "Immigration Surveillance," Maryland Law Review, Volume 74, Issue 1, http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3646andcontext=mlr~~
As these immigration enforcement activities have widely proliferated, and the scale of the enforcement
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, and non-U.S. actors in immigration control activities.

This causes mass deportation and deters immigration.

Kalhan '14 ~Anil, J.D. from Yale Law School, Associate Professor of Law, Drexel University. A.B., Brown University, "Immigration Surveillance," Maryland Law Review, Volume 74, Issue 1, http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3646andcontext=mlr~~
In recent decades, however, the regulation of immigration after noncitizens have entered the
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of informal returns arising from apprehensions at or near the territorial border.65

Subpoint B – Economy

Sustainable immigration is key to the economy- solves workforce shortages

Guilford '13 ~Gwynn, economics reporter and editor for Quartz, a news publication, "The US economy needs low-skilled immigrant workers as much as it needs PhDs," http://qz.com/75006/the-us-economy-needs-low-skilled-workers-as-much-as-it-needs-computer-science-phds/~~
Immigrants have increasingly been filling low-wage jobs that Americans don't want. And
AND
and bricklayers. But they're just as crucial to the US's economic outlook.

Deportation shakes the entire US economy- spills over and depresses wages

Zahniser et al '12 ~Steven Zahniser, agricultural economist at the United States Department of Agriculture Economic Research Service, Thomas Hertz, Ph.D. in economics from the University of Massachusetts at Amherst, Peter B. Dixon, Professor in the Centre of Policy Studies at Victoria University, Maureen T. Rimmer, PhD in mathematics and lecturer in the Departments of Mathematics and Economics at La Trobe, "Immigration Policy and Its Possible Effects on U.S. Agriculture," June 5, http://www.ers.usda.gov/amber-waves/2012-june/immigration-policy.aspx~~#.VWe_189VhBf~~
The results from the increased farm labor supply scenario conform to basic economic principles when
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a longrun equilibrium in which the economy is much closer to full employment. 

Empirical studies prove economic decline causes wars

Royal '10 ~Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," Economics of War and Peace: Economic, Legal and Political Perspectives, 213-215, online~
Less intuitive is how periods of economic decline may increase the likelihood of external conflict
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not featured prominently in the economic-security debate and deserves more attention. 

Terrorism

Subpoint A – Metadata

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
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to work. The NSA's surveillance efforts have actually made us less secure.

Subpoint B – 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
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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
or treats them as subservient accomplices to the brute exercise of American power.

Subpoint C? – 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.