Tournament:  | Round: 1 | Opponent:  | Judge:
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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
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, 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
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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.
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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
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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
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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
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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
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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
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" 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
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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
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.  Instead we prefer to shout and denounce.  Good luck with that.

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.