Tournament: Contact | Round: 9 | Opponent: Contact | Judge: Contact
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Tournament: Berkeley | Round: 1 | Opponent: Kent Denver RC | Judge: Boyd, Megan
Free Speech AC
Case

 I 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

Most importantly, this requires the right to speak freely. Only by securing the right to free speech can the government be democratic. Eberle, Law @ Roger Williams, 94
(Wake Forest LR, Winter)

The Court's decision … be vigilantly investigated.

and

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 us return … strengthen (protect) it everywhere.

and

Therefore, my value criterion is respecting democratic deliberation. This means that the judge should vote for which side best promotes discussion and dialogue at universities. 

Our central thesis for this debate is that universities are a place for learning and that restrictions on free speech limit student dissent and make it an undemocratic environment. Only by allowing free and open discussion can democracy work. 

In the current university system, schools can shut down student publications and dissent because things like newspapers or broadcasts are partially funded by the school. This functions as censorship. 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)

The Seventh Circuit … protection from censorship.

and

This 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.

and

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.

And

even if speech codes make sense in other contexts, restrictions at a public college kill creativity and universities are the place where we should fight for free speech the most. Goodman, Director Student Press Law Center, 05
( S. Mark Goodman, Michael C. Hiestand, Student Press Law Center 2005 WL 2736314 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Margaret L. HOSTY, Jeni S. Porche, and Steven P. Barba, Petitioners, v. Patricia CARTER, Respondent. No. 05-377. October 20, 2005. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit Brief of Amici Curiae Student Press Law Center, Associated Collegiate Press, College Media Advisers, Community College Journalism Association, Society for Collegiate Journalists, Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, National Newspaper Association, Newspaper Association of America, Society of Professional Journalists, Associated Press Managing Editors, College Newspaper Business and Advertising Managers, National Federation of Press Women, National Lesbian and Gay Journalists Association and the Independent Press Association/Campus Journalism Project in Support of Petition of Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba for Writ of Certiorari Of Counsel: S. Mark Goodman, Michael C. Hiestand, Student Press Law Center, 1101 Wilson Blvd., Ste 1100, Arlington, VA 22209-2211, (703) 807-1904. Richard M. Goehler, (Counsel of Record), Frost Brown Todd LLC, 2200 PNC Center, 201 East Fifth Street, Cincinnati, Ohio 45202, (513) 651-6800, Counsel for Amici Curiae.)
The University is … and university campuses.

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
(Alex, RODRIGUEZ v. MARICOPA CO. COMM. COLLEGE http://cdn.ca9.uscourts.gov/datastore/opinions/2010/05/20/08-16073.pdf)
 Plaintiffs no doubt … even distinctly unpleasant terms.” Adamian v. Jacobsen, 523 F.2d 929, 934 (9th Cir. 1975).\
Speech codes drives hate underground and allows communitites 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 … do a better job.

and

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.

and

And, even if speech codes make sense in other contexts, restrictions at a public college kill creativity and universities are the place where we should fight for free speech the most. Goodman, Director Student Press Law Center, 05
( S. Mark Goodman, Michael C. Hiestand, Student Press Law Center 2005 WL 2736314 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Margaret L. HOSTY, Jeni S. Porche, and Steven P. Barba, Petitioners, v. Patricia CARTER, Respondent. No. 05-377. October 20, 2005. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit Brief of Amici Curiae Student Press Law Center, Associated Collegiate Press, College Media Advisers, Community College Journalism Association, Society for Collegiate Journalists, Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, National Newspaper Association, Newspaper Association of America, Society of Professional Journalists, Associated Press Managing Editors, College Newspaper Business and Advertising Managers, National Federation of Press Women, National Lesbian and Gay Journalists Association and the Independent Press Association/Campus Journalism Project in Support of Petition of Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba for Writ of Certiorari Of Counsel: S. Mark Goodman, Michael C. Hiestand, Student Press Law Center, 1101 Wilson Blvd., Ste 1100, Arlington, VA 22209-2211, (703) 807-1904. Richard M. Goehler, (Counsel of Record), Frost Brown Todd LLC, 2200 PNC Center, 201 East Fifth Street, Cincinnati, Ohio 45202, (513) 651-6800, Counsel for Amici Curiae.)

The University is … and university campuses.

and

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
(Alex, RODRIGUEZ v. MARICOPA CO. COMM. COLLEGE http://cdn.ca9.uscourts.gov/datastore/opinions/2010/05/20/08-16073.pdf)

Plaintiffs no doubt … even distinctly unpleasant terms.” Adamian v. Jacobsen, 523 F.2d 929, 934 (9th Cir. 1975).\

and

Speech codes drives hate underground and allows communitites 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 … do a better job.

and 

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.