Tournament: Golden Desert | Round: 1 | Opponent: na | Judge: na
Value- Morality
In the context of governments like the United States, morality must be based on citizens having the ability to consent to political authority. Otherwise that authority is coercive and illegitimate. Benhabib 94
Seyla Benhabib 94 Eugene Mayer Professor of Political Science and Philosophy at Yale University, and director of the program in Ethics, Politics, and Economics, and a well-known contemporary philosopher, “Deliberative Rationality and Models of Democratic Legitimacy”, Constellations Volume I, No/, 1994, Published by Blackwell Publishers

I define democratic...for being informed.

And,- we should guarantee a marketplace of ideas, which supersedes other utilitarian grounds to restrict rights. The right to speak out is valuable in itself. Dwyer 01
Susan Dwyer, philosophy at University of Maryland, 2001 (http://www.umbc.edu/philosophy/dwyer/papers/freespeech.html)
Direct Nonconsequentialism Let...(protect) it everywhere.

Value Criterion- Respecting Democratic Deliberation

Advantage One- State Control Kills Activism
Government control of speech will favor the powerful and silence the powerless. Majeed, BA, 09
Majeed, Azhar. "Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes." Georgetown Journal of Law and Public Policy 7.2 (2009). CC
B. Impact on Campus...ideas on campus.138

College in particular is a time where students need to learn how to be activists before anything else. This is prevented if their words are controlled by the state. Majeed, BA, 09
Majeed, Azhar. "Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes." Georgetown Journal of Law and Public Policy 7.2 (2009). CC
2. Suppression of Disfavored...the college environment.

Free speech enables counter speech, which empowers students. Calleros 95
Charles R. Calleros member of American law association, professor of law at Arizona state university, won many teaching awards such as aba’s spirit of excellence award, Paternalism, Counterspeech, and Campus Hate-Speech Codes: A Reply to Delgado and Yun, 27 ARIZ. ST. L.J. 1249 (1995). CC
Speech as an...such partisan speech. 72

Every major civil rights movement is built on free speech. There is no liberty, activism or change without free speech. Strossen, Former President of the ACLU, 00
Strossen, Nadine. "Incitement to hatred: Should there be a limit." S. Ill. ULJ 25 (2000): 243. CC
C. A Robust Freedom...on both scores.62

Advantage Two- Marketplace of Ideas
Censorship limits student dissent and allows universities to have a monopoly over student speech. Lukianoff, JD Stanford, 05
(George, Samantha Harris, Foundation for Individual, Rights in Education, 2005 WL 2736313 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Margaret L. HOSTY et al., Petitioners, v. Patricia CARTER, Respondent. No. 05-377. October 19, 2005. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit Brief Amici Curiae of the Foundation for Individual Rights in Education; The Coalition for Student and Academic Rights; Feminists for Free Expression; The First Amendment Project; Ifeminists.Net; National Association of Scholars; Accuracy in Academia; Leadership Institute; The Individual Rights Foundation; The American Council of Trustees and Alumni; and Students for Academic Freedom in Support of Petitioners)
Finally, outside the...should grant certiorari.

Universities are the most important place for speech to be free – even if speech is uncomfortable the very function of the university is to allow open debates.
Kinnaird, Litigation Partner @Paul Hastings, et al., 11
(Stephen B., Raymond W. Bertrand,* Neil J. Schumacher, Rebecca L. McGuire, Paul, Hastings, Janofsky and Walker LLP 2011 WL 1523290 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Jonathan LOPEZ, Petitioner, v. Kelly G. CANDAELE, et al., Respondents. No. 10-1136. April 18, 2011. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit Brief of Amicus Curiae Foundation for Individual Rights in Education in Support of Petitioner)
This Court's review...vindicate their rights.

Finally, restrictions of speech automatically shut out some views from the start, which is undemocratic because it fosters dogmatism where neither side has to listen to the other. Kozinski, 9th circuit judge, 10 rehighlight
(Alex, RODRIGUEZ v. MARICOPA CO. COMM. COLLEGE http://cdn.ca9.uscourts.gov/datastore/opinions/2010/05/20/08-16073.pdf)
Plaintiffs no doubt...distinctly unpleasant terms.” Adamian v. Jacobsen, 523 F.2d 929, 934 (9th Cir. 1975).

General Responses-
Current universities coddle students, which later can become harmful. Lukianoff and Haidt ‘15
Greg Lukianoff Greg Lukianoff is the president of the Foundation for Individual Rights in Education. He previously served as FIRE's first director of legal and public advocacy until he was appointed president in 2006. and Jonathan Haidt Jonathan David Haidt is a social psychologist and Professor of Ethical Leadership at New York University's Stern School of Business. His academic specialization is the psychology of morality and the moral emotions., September 2015 (http://www.theatlantic.com/magazine/archive/2015/09/the-coddling-of-the-american-mind/399356/). The Atlantic “The Coddling of the American Mind”  ALN
According to the...to think pathologically.

Underground- drives hate underground and allows communities to ignore the problem. Alexander 13
(Larry, Is Freedom of Expression a Universal Right San Diego Law Review Summer, 2013 San Diego Law Review 50 San Diego L. Rev. 707)

One commentator has...a better job.

Tournament: Woodward | Round: 2 | Opponent: Northview SH | Judge: Dave McGinnis
Part 1 Framework

I value Morality-

Free speech is vital to moral liberation– it’s historically proven.   Hume 15

Hume, Mick Mick Hume (born 1959) is a British journalist and author whose writing focuses on issues of free speech and freedom of the press.. Trigger Warning: Is the Fear of Being Offensive Killing Free Speech?. HarperCollins UK, 2015.

“What is really...and self-censorship. 

Allowing predetermined outcomes permits the powerful to set the terms of the debate. Any changes to the right of free speech will inevitably cause further restrictions suppressing dissent. This turns the marketplace against activists from the start. Curtis 96
Curtis, Michael Kent prof at Wake Forest. "Free Speech and Its Discontents: The Rebellion Against General Propositions and the Danger of Discretion." Wake Forest L. Rev. 31 (1996): 419.

If we had...more limited contexts.

Free speech is a pre-requisite to any rational moral system- without it self-realization is impossible. Eberle 94
Eberle, Law @ Roger Williams, 94  (Wake Forest LR, Winter)

The Court's decision...be vigilantly investigated.

Therefore, my value criterion is maximizing the rights of the oppressed

Part 2 is Civic Engagement

Speech restrictions are expanding into other freedoms- empirics show. Haidt and Lukianoff 17

Jonathan Haidt is a social psychologist at New York University and author of The Righteous Mind: Why Good People are Divided by Politics and Religion. Greg Lukianoff is a constitutional lawyer and president and CEO of the Foundation for Individual Rights in Education (FIRE). On U.S. Campuses, Free Inquiry Is Taking a Beating, Philanthropic Roundtable, January 2017, EE

Freedom of expression...say on campuses.

These speech codes consistently fail, don’t allow for dissent, strengthen university administrators, and work against activism. Fisher 17
Anthony L. Fisher is an associate editor at Reason.com, and a columnist for the Week. He is also the writer and director of the feature film Sidewalk Traffic. Jan 2, 2017http:www.vox.com/the-big-idea/2016/12/13/13931524/free-speech-pen-america-campus-censorship

Donald Trump is...unwieldy, essential glory.

Restrictions disempower young people and kill civic engagement. Students will be unprepared to speak out later in life. Majeed ’09
AZHAR MAJEED - Robert H. Jackson Legal Fellow, Foundation for Individual Rights in Education (FIRE). B.A., 2004, University of Michigan; J.D., 2007, University of Michigan Law School. “Defying the Constitution The Rise, Persistence, And Prevalence Of Campus Speech Codes.” 2009. https://www.thefire.org/pdfs/aff11d01bb5af6e9d8e2f8303832c301.pdf JJN 

In clear contravention...the college environment.

Civic engagement is crucial to solving extinction- it’s try or die for the aff. Small 06
(Jonathan, former Americorps VISTA for the Human Services Coalition,  “Moving Forward,” The Journal for Civic Commitment,  Spring, http://www.mc.maricopa.edu/other/engagement/Journal/Issue7/Small.jsp)
What will be...do just that.

Part 3 – Restrictions Fail
A) Underground - Drives hate underground and allows communities to ignore the problem. Alexander 13
(Larry, Is Freedom of Expression a Universal Right San Diego Law Review Summer, 2013 San Diego Law Review 50 San Diego L. Rev. 707)

One commentator has...a better job.

B) Speech codes depoliticize students, reinforce their victimhood, and teach them to go to authority rather than question it - restrictions weaken ideas and prevent structural reform.  Brown 01

Brown, Wendy. Politics out of History. Princeton University Press, 2001.

The overwhelming response...far-reaching transformations.

C) Counterspeech is effective and empowers students Majeed ’09
AZHAR MAJEED - Robert H. Jackson Legal Fellow, B.A., 2004, University of Michigan; J.D., 2007, University of Michigan Law School. “Defying the Constitution The Rise, Persistence, And Prevalence Of Campus Speech Codes.” 2009. The Georgetown Journal of Law and Public Policy. JJN
3. Counterspeech is the...from injurious speech.

D) Outweighs –  The most extreme examples of hate speech are unconstitutional. We have the perfect balance - anything further kills dissent. Rosenberg 91David Rosenberg, Racist Speech the First Amendment and Public Universities: Taking a Stand on Neutrality, 76 Cornell L. Rev. 549 (1991) Available at: http://scholarship.law.cornell.edu/clr/vol76/iss2/6 VC

Sometimes college students...to their purpose.