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jan feb ban hate speech cp
Tournament: any | Round: Finals | Opponent: any | Judge: any CP Text: Public Colleges and Universities will ban all hate speech on campus.
Competition: Aff can’t not restrict free speech and place a ban on it at the same time Regulating hate speech isn’t about censorship but about ensuring equality of education. Alison 92 Alison, Myhra. "The Hate Speech Conundrum And Public Schools." North Dakota Law Review. 1992. Web. December 07, 2016. http://repository.law.ttu.edu/handle/10601/632. This authority to regulate involves not a privilege of arbitrary discretion to censor, but rather the ability to devise a scheme of regulation that comports with principles of equality and equal access to education, the First Amendment as applicable to the public schools, and normative theories of the educational purposes and authorities. One dimension of this power involves thoughtful consideration of hate, its causes, and its effects on target students, perpetrators, and the learning environment.26 Another dimension of this power requires contemplation of nonregulatory countermeasures, including, inter alia, education and training, designed to elicit student participation in public condemnation and repudiation of hate incidents and to encourage student discussion on the elimination of inter-group conflict and tension.
Majority of schools can maintain restrictive speech policies. University of California schools empirically prove. Watanabe 14 Watanabe, Teresa. "Students Challenge Free-speech Rules On College Campuses." LA Times. July 01, 2014. Web. December 05, 2016. http://www.latimes.com/local/lanow/la-me-lnfree-speech-20140701-story.html. In a report published this year, the foundation found that 58 of 427 major colleges and universities surveyed maintain restrictive speech codes despite what it called a "virtually unbroken string of legal defeats" against them dating to 1989. Even in California — unique in the nation for two state laws that explicitly bar free speech restrictions at both public and private universities — the majority of campuses retain written speech codes, he said. Among 16 California State University campuses surveyed by the group, for instance, 11 were rated "red" for employing at least one policy that "substantially restricts" free speech. "Universities are scared of people who demand censorship -- they're afraid of lawsuits and PR problems," said Robert Shibley, the foundation’s senior vice president. "Unfortunately, they are more worried about that than about ignoring their 1st Amendment responsibilities," he added. "The point of the project is to balance out the incentives that cause universities to institute rules that censor speech."
Campus rules against hate speech will reduce racism Delgado 91
Richard Delgado, Campus Antiracism Rules: Constitutional Narra tives in Collision, 85 NW.U.L. Rev. 343, 371-75 (1991) , https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2104287 Charles Inglis Thomson Professor of Law, University of Colorado School of Law. J.D. 1974, U-C Berkeley School of Law (Boalt Hall).
Unlike with racism's etiology, there is relative agreement on the part of social scientists on how to control its expression. Much prejudice is situational-individuals express it because the environment encourages or tolerates it.264 The attitude may be relatively constant, but most of us express it selectively-at times we hold it in check, at other times we feel freer to express it in action. 265 The main inhibiter of prejudice is the certainty that it will be remarked and punished. This " confrontation theory" 266 for controlling racism holds that most individuals are ambivalent in matters of race. We realize that the national values-those enshrined in the "American Creed"-call for fair and respectful treatment of all. But the fair-mindedness of our public norms is not always matched by our private behavior. 267 During moments of intimacy we feel much freer to tell or laugh at an ethnic joke, to make a racist or sexist remark. 268 Rules, formalities, and other environmental reminders put us on notice that the occasion requires the higher formal values of our culture. The existence of rules forbidding certain types of racist acts causes us not to be inclined to carry them out. Moreover, threat of public notice and disapproval operates as a reinforcer-the potential racist refrains from acting, out of fear of notice and sanction. The confrontation theory is probably today the majority view among social scientists on how to control racism. Most who subscribe to this approach hold that laws and rules play a vital role in controlling racism. According to Allport, they "create a public conscience and a standard for expected behavior that check overt signs of prejudice. ' 269 Nor is the change merely cosmetic. In time, rules are internalized, and the impulse to engage in racist behavior weakens. 270 The current understanding of racial prejudice thus lends some support to campus antiracism rules. The mere existence of such rules will often cause members of the campus community to behave in a more egalitarian way, particularly when others may be watching. Even in private settings, some people will refrain from acting because the law has set an example. Those whose prejudice is associated with authoritarianism will do so because the rules represent society's legitimate voice. Further, social science casts doubt on both the "hydraulic" theory of racism, according to which controlling racism in one arena will simply cause it to crop up somewhere else,271 and the theory that racist remarks are relatively harmless. A large body of literature shows that incessant racial categorization and treatment seriously impair the prospects and development of persons of minority race,272 deepen rigidity and set the stage for even more serious transgressions on the part of persons so disposed. 273
2/24/17
jan feb cyberbullying da
Tournament: any | Round: Finals | Opponent: any | Judge: any No anti-cyberbullying laws in the 1AC b/c they are restrictions on free speech – increases cyberbullying Hayward 13. John O. Hayward, Senior Lecturer in Law at Bentley Universityds, "Anti-Cyberbullying Laws Are a Threat to Free Speech," Netiquette and Online Ethics, Gale: Opposing Viewpoints in Context, 2013, http:ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/DocumentToolsPortletWindow?displayGroupName=Viewpointsandjsid=86b8d9990680ac70437ab043a7b61192andaction=2andcatId=anddocumentId=GALE7CEJ3010868216andu=nysl'we'bcsdandzid=e5792b8229fbb3d88a51bec521a1e8cf While forty-three states have anti-bullying statutes, only twenty-one prohibit cyber bullying, which usually is defined as "bullying" conducted by electronic means. Additionally, the laws can be grouped into prohibitions that explicitly include off-campus cyber bullying or implicitly include or exclude it. Typical legislative language is "immediately adjacent to school grounds," "directed at another student or students," "at a school activity," or "at school-sponsored activities or at a school-sanctioned event." The statutes also usually contain language prohibiting cyber bullying if it results in one or more of the following: (1) causes "substantial disruption" of the school environment or orderly operation of the school, (2) creates an "intimidating," "threatening" or "hostile" learning environment, (3) causes actual harm to a student or student's property or places a student in reasonable fear of harm to self or property, (4) interferes with a student's educational performance and benefits, (5) includes as a target school personnel or references "person" rather than "student," and (6) incites third parties to carry out bullying behavior. Five states prohibit cyber bullying if it is motivated by an actual or perceived characteristic or trait of a student. Presumably this protects gay and lesbian students and school personnel from criticism because of their sexual orientation but it could also shield obese, bulimic, short and tall students from disparagement due to their weight or height. While many applaud anti-cyber bullying legislation, some are concerned that it gives school officials unbridled authority that will be used to burnish their image, not protect bullying victims, or that it threatens student free speech. Furthermore, if their authority is unleashed beyond the school yard, it is essentially limitless. Thus no student, even in the privacy of their home, can write about controversial topics of concern to them without worrying that it may be "disruptive" or cause a "hostile environment" at school. In effect, students will be punished for off-campus speech based on the way people react to it at school. Many of the terms are so vague that they offer no guidance to distinguish permissible from impermissible speech. In this sense, they are akin to campus speech codes that courts invalidated in the 1990s for vagueness and overbreadth. Consequently, these laws don't simply "chill" student free speech, they plunge it into deep freeze. This viewpoint argues that for these reasons, some anti-cyber bullying laws violate the First Amendment and should be struck down as unconstitutional. Anti-cyberbullying laws key to prevent cyberbullying – squo solves and checks off campus behavior Patchin 10. Justin W. Patchin, Professor of Criminal Justice in the Department of Political Science at the University of Wisconsin-Eau Claire, 09/28/10, "Cyberbullying Laws and School Policy: A Blessing or Curse?," Cyberbullying Research Center, http:cyberbullying.org/cyberbullying-laws-and-school-policy-a-blessing-or-curse Many schools are now in a difficult position of having to respond to a mandate to have a cyberbullying policy, without much guidance from the state about the circumstances under which they can (or must) respond. When folks ask me if I think there needs to be a “cyberbullying law” I basically respond by saying “perhaps – but not the kind of law most legislators would propose.” I would look for a law to be more “prescriptive” than “proscriptive.” By that, I mean I would like to see specific guidance from states about *how* and *when* schools can take action in cyberbullying incidents. Many states have taken the easy way out by simply passing laws saying effectively “schools need to deal with this.” Not only have they stopped short in terms of providing specific instructions or even a framework from which schools can evaluate their role, but they have not provided any additional resources to address these issues. Some states are now requiring schools to educate students and staff about cyberbullying or online safety more generally, but have provided no funding to carry out such activities. Unfunded mandates have become cliché in education, and this is just another example. Moreover, school administrators are in a precarious position because they see many examples in the media where schools have been sued because they took action against a student when they shouldn’t have or they failed to take action when they were supposed to. Schools need help determining where the legal line is. Many states already have existing criminal and civil remedies to deal with cyberbullying. Extreme cases would fall under criminal harassment or stalking laws or a target could pursue civil action for intentional infliction of emotional distress or defamation, to name a few. Bullying (whatever the form) that occurs at school is no doubt already subject to an existing bullying policy. To be sure, schools should bring their bullying and harassment policies into the 21st Century by explicitly identifying cyberbullying as a proscribed behavior, but they need to move beyond the behaviors that occur on school grounds or those that utilize school-owned resources. But in order to do this they need guidance from their state legislators and Departments of Education so that they draft a policy and procedure that will be held up in court. School, technology, and privacy lawyers disagree about what should (or must) be in a policy. It’s no wonder many educators are simply throwing their hands up. We really like New Hampshire’s recently passed bullying law, even though like other efforts it demands a lot from schools without a corresponding increase in resources. This section is key: “Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3: … (b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.” This puts schools, students, and parents on notice that there are instances when schools can discipline students for their off campus behavior. It will take many years, though, before we will know if this law can be used as a model. Schools will need to pass policies based on the law; a school will then need to discipline a bully based on the new policy; then they will need to be sued; then the case will need to be appealed. Perhaps then the case will get to a significant enough court that it will matter. Hang on and see how it turns out. In the meantime, lobby your legislators to pass meaningful, prescriptive laws instead of laws that simply say “cyberbullying is wrong, now YOU do SOMETHING about it.” It’s election time, so I’m sure your local representative will be all ears… Cyberbullying is conducive to abuse and kills self worth – impedes the ability to get education, turns case ETCB 16, End To Cyber Bullying, The End to Cyber Bullying (ETCB) Organization was founded in 2011 to raise global awareness on cyberbullying, and to mobilize youth, educators, parents, and others in taking efforts to end cyberbullying, "A Surprising Long-Term Effect of Cyberbullying, ETCB Organization, 2016, http:www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying If someone repeatedly tells the victim online that they is are worthless, useless, a waste of space or that they should kill themselves, soon the victim might – at least partially – begin to believe it. According to Psychcentral.com, signs that someone is experience low self-esteem include: • Self-critical or a negative opinion of themselves • Sensitivity to even constructive criticism • Fatigue, insomnia, headaches • Poor performance at school or work due to lack of trying or lethargy It is important for an individual to maintain a healthy self-esteem so that they can achieve in life. A cyberbullying victim may miss out on opportunities because the victim believes they is unworthy of achievement. It’s important to realize that these two effects go well beyond being in a bad mood and not liking something about oneself. Depression, Low Self-Esteem and Dating Abuse Research is inconclusive, but most would agree that people who are victimized in abusive dating relationships often choose those relationships because of their depression or low self-esteem. Findyouthinfo.gov states that past experience with stressful life events – cyberbullying, for example – can put someone at risk for entering an abusive dating relationship. This is especially true if the cyberabuse included abuse directed at a female victim’s sexuality, or lack thereof. Feelings of worthlessness and a negative outlook on life can throw a previously-cyberbullied victim into yet another abusive relationship. However, instead of faceless strangers and bullies dolling out abuse, it would be the victim’s significant other. Dating abuse can encompass many forms of abuse, including cyberabuse. According to Dosomething.com, other forms of abuse in dating relationships include: • Physical abuse – in the form of “hitting, punching, slapping, biting” and anything that causes physical pain. • Mental abuse – in the form of verbal putdowns and belittling. The abuser might call their victim names, “make threats, or accuse the other person of cheating.” • Emotional abuse – in the form of control over the victim’s “behavior, personality, and life.” • Sexual abuse – in the form of unwanted touching, pressuring the victim to have sex, or rape. It’s getting harder to track cyberbullying since most people make their online profiles and social networking pages private. Also, apps like Snapchat would allow cyberbullies to attack their victim and have the evidence wiped away within seconds. According to this tech expert, “Users are drawn to the impermanence of the site’s uploads and the anonymity that impermanence provides.” However impermanent the actual abusive message may be, the lasting effects of the abuse upon the psyche of the victim are anything but impermanent. Cyberbullying disproportionately affects racial/sexual minorities Brandon 14. Mary Howlett-Brandon, Doctor of Philosophy at Virginia Commonwealth University "CYBERBULLYING: AN EXAMINATION OF GENDER, RACE, ETHNICITY, AND ENVIRONMENTAL FACTORS FROM THE NATIONAL CRIME VICTIMIZATION SURVEY: STUDENT CRIME SUPPLEMENT, 2009", 2014, http:scholarscompass.vcu.edu/cgi/viewcontent.cgi?article=4485andcontext=etdAD Other and mixed race students reported cyberbullying victimization at 4.2, 26 Black students at 1.9, and Hispanic students at 1.3. Whites, however, experienced 3.1 victimization by electronic technology. Wang et al. (2009) also reported the percentage of cyberbullying by race. Black students reported the highest level of cyberbullying activity at 10.9, Hispanic students at 9.6, and the category of students classified as other at 7.3. White students reported cyberbullying victimization at 6.7. The Kessel Schneider et al. (2012) study also addressed the cyberbullying behavior of students by race and ethnicity. The race/ethnic breakdown of the sample is as follows: 75.2 White, 12.3 mixed/other, 5.8 Hispanic, 3.9 Asian, and 2.8 Black. Kessel Schneider et al. (2012) found that 5.7 of the White students and 8.4 of the non-White students conveyed they had been cyberbullied during the previous 12 months.
2/24/17
jan feb endowments da
Tournament: any | Round: Finals | Opponent: any | Judge: any Endowments are high now but dropping rapidly - protests are alienating alumni donors, who are of older generations. Hartocollis 16 Anemona Hartocollis, writer for NYT: August 4, 2016(“College Students Protest, Alumni’s Fondness Fades and Checks Shrink” New York Times Available at http://www.nytimes.com/2016/08/05/us/college-protests-alumni-donations.html?_r=0 Accessed on 12/15/16
Scott MacConnell cherishes the memory of his years at Amherst College, where he discovered his future métier as a theatrical designer. But protests on campus over cultural and racial sensitivities last year soured his feelings. Now Mr. MacConnell, who graduated in 1960, is expressing his discontent through his wallet. In June, he cut the college out of his will. “As an alumnus of the college, I feel that I have been lied to, patronized and basically dismissed as an old, white bigot who is insensitive to the needs and feelings of the current college community,” Mr. MacConnell, 77, wrote in a letter to the college’s alumni fund in December, when he first warned that he was reducing his support to the college to a token $5. A backlash from alumni is an unexpected aftershock of the campus disruptions of the last academic year. Although fund-raisers are still gauging the extent of the effect on philanthropy, some colleges — particularly small, elite liberal arts institutions — have reported a decline in donations, accompanied by a laundry list of g5. Alumni from a range of generations say they are baffled by today’s college culture. Among their laments: Students are too wrapped up in racial and identity politics. They are allowed to take too many frivolous courses. They have repudiated the heroes and traditions of the past by judging them by today’s standards rather than in the context of their times. Fraternities are being unfairly maligned, and men are being demonized by sexual assault investigations. And university administrations have been too meek in addressing protesters whose messages have seemed to fly in the face of free speech. Scott C. Johnston, who graduated from Yale in 1982, said he was on campus last fall when activists tried to shut down a free speech conference, “because apparently they missed irony class that day.” He recalled the Yale student who was videotaped screaming at a professor, Nicholas Christakis, that he had failed “to create a place of comfort and home” for students in his capacity as the head of a residential college. A rally at New Haven Superior Court demanding justice for Corey Menafee, an African-American dining hall worker at Yale’s Calhoun College who was charged with breaking a window pane that depicted black slaves carrying cotton. Credit Peter Hvizdak/New Haven Register, via Associated Press “I don’t think anything has damaged Yale’s brand quite like that,” said Mr. Johnston, a founder of an internet start-up and a former hedge fund manager. “This is not your daddy’s liberalism.” “The worst part,” he continued, “is that campus administrators are wilting before the activists like flowers.” Yale College’s alumni fund was flat between this year and last, according to Karen Peart, a university spokeswoman. Among about 35 small, selective liberal arts colleges belonging to the fund-raising organization Staff, or Sharing the Annual Fund Fundamentals, that recently reported their initial annual fund results for the 2016 fiscal year, 29 percent were behind 2015 in dollars, and 64 percent were behind in donors, according to a steering committee member, Scott Kleinheksel of Claremont McKenna College in California. His school, which was also the site of protests, had a decline in donor participation but a rise in giving. At Amherst, the amount of money given by alumni dropped 6.5 percent for the fiscal year that ended June 30, and participation in the alumni fund dropped 1.9 percentage points, to 50.6 percent, the lowest participation rate since 1975, when the college began admitting women, according to the college. The amount raised from big donors decreased significantly. Some of the decline was because of a falloff after two large reunion gifts last year, according to Pete Mackey, a spokesman for Amherst. At Princeton, where protesters unsuccessfully demanded the removal of Woodrow Wilson’s name from university buildings and programs, undergraduate alumni donations dropped 6.6 percent from a record high the year before, and participation dropped 1.9 percentage points, according to the university’s website. A Princeton spokesman, John Cramer, said there was no evidence the drop was connected to campus protests. Protest lead to reduced donations, enrollments, and financial support by the government. Keller 16 Rudi Keller writer for the Columbia tribune: 2/21/16(“University of Missouri fundraising takes $6 million hit in December as donors hold back funds” Available at http://www.columbiatribune.com/news/education/turmoil_at_mu/university-of-missouri-fundraising-takes-million-hit-in-december-as/article_ed7cfd5b-3b3e-5b18-95d9 f2945ac51172.html Accessed on 12/15/16. New pledges and donations to the University of Missouri fell $6 million in December as the campus weathered the fallout of public discontent that also threatens to erode the school’s finances via state support and tuition revenue. December combines Christmas generosity and the promise of tax deductions on returns due April 15, making it a prime time for fundraisers at major institutions. In December 2014, new pledges and donations for all campus activities including athletics totaled $19.6 million, according to figures compiled by the university’s advancement office. Only $13.6 million came in this December, a drop of about 31 percent. The figures represent new commitments and donations that are not given in fulfillment of previous pledges, Vice Chancellor of University Advancement Tom Hiles said. For the three complete months since campus protests made international news in November, new pledges and donations to MU declined by about $7.4 million. Along with the decrease in new support, pledges totaling about $2 million were withdrawn, Hiles said. About 10 were gifts of $25,000 or more, including one for $500,000, he said. Total new pledges and donations in fiscal year 2015 totaled $147.6 million, down from a record $164.1 million in fiscal year 2014. The advancement office has fielded more than 2,000 calls from people upset with the university and tracks them by topic on a heat map. “It ran the gamut from” Assistant Professor Melissa “Click to Planned Parenthood to just a general lack of leadership,” Hiles said. “‘Who’s in charge? Are the students running it?’ If I heard inmates are running the asylum one more time I was going to … . Those were the general categories.” Student demonstrations over racism and marginalization on campus made international headlines after the Tiger football team announced it would boycott athletic activities in support of a hunger strike by Concerned Student 1950 member Jonathan Butler. Athletic donations also have dipped, including a 68 percent drop in December cash gifts compared to December 2014 and a 38 percent decline in new pledges and donations as tallied in Hiles’ office during November, December and January. The Athletic Department’s decreased fundraising over that period — $1.3 million — is included in the total campus decline of $7.4 million. Giving by smaller donors, defined as those who give less than $10,000, declined by about 5 percent in the three-month period, with drops in November and December somewhat offset by a January increase in giving. Small donors gave or pledged $4.76 million in the period, down from $5.02 million the previous year. “We definitely got hit in our annual fund and other points,” Hiles said. “It was rough because normally December is our best month.” While his office fielded calls, Hiles said staff members researched callers who said they would never donate again. The result, he said, was “about a 90 percent correlation with people who ... have never given.” The final word on other financial issues is unresolved. A House committee already has denied the university a portion of the budget increase allocated to other state colleges and universities. Chairwoman Donna Lichtenegger, R-Jackson, cited Click’s continued employment and a demonstration that interrupted a UM System Board of Curators meeting for the cut. At a Wednesday hearing of the Joint Committee on Education, interim MU Chancellor Hank Foley said figures show an anticipated enrollment drop of 900 students, which roughly equates to a $20 million loss of tuition revenue. Endowment funds are key to US competitiveness – ensures college quality and helps universities support their faculty. Leigh 14 Leigh 14 Steven R. Leigh (dean of CU-Boulder’s College of Arts and Sciences), "Endowments and the future of higher education," UColorado Boulder, March 2014 These broad trends point directly to the need for CU-Boulder’s College of Arts and Sciences to increase endowment funding across the college. Endowments drive improvements in the quality of an institution and reflect alums, donors and supporters who recognize the importance of research universities in the 21st century. Endowed professorships are the first and most important component of increasing our academic quality. Named chairs recognize significant faculty achievements and help the university support faculty salary and research. CU-Boulder professors are among the most productive in the nation and are heavily recruited by competitors, including Harvard, Yale, Stanford, Cornell, Berkeley, Illinois, UC Irvine and many others. Often, these competitors offer our faculty endowed professorships, conferring prestige and research support. CU must provide its faculty with comparable support to be competitive. A second major area for endowments is student scholarships and, for graduate students, fellowships. A stable source of income that helps pay tuition is the most direct and effective way to offset the costs of education. Endowed scholarships are also effective recruiting tools for admitting the nation’s best to CU. Our dynamic programs, departments and majors are attracting more and more applicants, including the best in the nation. Like faculty support, endowed scholarships and fellowships confer prestige and, most importantly, allow students to focus entirely on academics without balancing jobs and worrying about future loan repayments. Finally, endowment funding for programs greatly enriches the institution, providing capabilities that are difficult to attain when tuition revenue provides the majority of funding. Institutions funded mainly by tuition must make sure that expenditures directly benefit students, which sometimes limits options for innovation and risk-taking. Programmatic funding enables faculty and students to take risks in their research and creative work. For example, in my own field, this might involve traveling to an unexplored region to prospect for human fossils or archaeological sites. Support for high-risk projects allows our faculty and students to develop new areas of knowledge, benefitting society by broadening the capacity of the institution to innovate. The future of higher education, including CU’s future, depends to a large degree on how successfully we can build major endowments. Ultimately, U.S. competitiveness and leadership in the global knowledge economy depends on this as well. For alums, donors and supporters, endowments indelibly affirm the importance of higher education and enduringly preserve its viability and vitality. Innovation solves great power war. Taylor 04 Taylor 4 – Professor of Political Science, Massachusetts Institute of Technology (Mark, “The Politics of Technological Change: International Relations versus Domestic Institutions,” Massachusetts Institute of Technology, 4/1/2004, http://www.scribd.com/doc/46554792/Taylor) I. Introduction Technological innovation is of central importance to the study of international relations (IR), affecting almost every aspect of the sub-field. First and foremost, a nation’s technological capability has a significant effect on its economic growth, industrial might, and military prowess; therefore relative national technological capabilities necessarily influence the balance of power between states, and hence have a role in calculations of war and alliance formation. Second, technology and innovative capacity also determine a nation’s trade profile, affecting which products it will import and export, as well as where multinational corporations will base their production facilities. Third, insofar as innovation-driven economic growth both attracts investment and produces surplus capital, a nation’s technological ability will also affect international financial flows and who has power over them. Thus, in broad theoretical terms, technological change is important to the study of IR because of its overall implications for both the relative and absolute power of states. And if theory alone does not convince, then history also tells us that nations on the technological ascent generally experience a corresponding and dramatic change in their global stature and influence, such as Britain during the first industrial revolution, the United States and Germany during the second industrial revolution, and Japan during the twentieth century. Conversely, great powers which fail to maintain their place at the technological frontier generally drift and fade from influence on international scene. This is not to suggest that technological innovation alone determines international politics, but rather that shifts in both relative and absolute technological capability have a major impact on international relations, and therefore need to be better understood by IR scholars. Indeed, the importance of technological innovation to international relations is seldom disputed by IR theorists. Technology is rarely the sole or overriding causal variable in any given IR theory, but a broad overview of the major theoretical debates reveals the ubiquity of technological causality. For example, from Waltz to Posen, almost all Realists have a place for technology in their explanations of international politics. At the very least, they describe it as an essential part of the distribution of material capabilities across nations, or an indirect source of military doctrine. And for some, like Gilpin quoted above, technology is the very cornerstone of great power domination, and its transfer the main vehicle by which war and change occur in world politics. Jervis tells us that the balance of offensive and defensive military technology affects the incentives for war. Walt agrees, arguing that technological change can alter a state’s aggregate power, and thereby affect both alliance formation and the international balance of threats. Liberals are less directly concerned with technological change, but they must admit that by raising or lowering the costs of using force, technological progress affects the rational attractiveness of international cooperation and regimes. Technology also lowers information and transactions costs and thus increases the applicability of international institutions, a cornerstone of Liberal IR theory. And in fostering flows of trade, finance, and information, technological change can lead to Keohane’s interdependence or Thomas Friedman et al’s globalization. Meanwhile, over at the “third debate”, Constructivists cover the causal spectrum on the issue, from Katzenstein’s “cultural norms” which shape security concerns and thereby affect technological innovation; to Wendt’s “stripped down technological determinism” in which technology inevitably drives nations to form a world state. However most Constructivists seem to favor Wendt, arguing that new technology changes people’s identities within society, and sometimes even creates new cross-national constituencies, thereby affecting international politics. Of course, Marxists tend to see technology as determining all social relations and the entire course of history, though they describe mankind’s major fault lines as running between economic classes rather than nation-states. Finally, Buzan and Little remind us that without advances in the technologies of transportation, communication, production, and war, international systems would not exist in the first place US leadership prevents great power war and existential governance crises. Brooks et al 13 Brooks, Ikenberry, and Wohlforth ’13 (Stephen, Associate Professor of Government at Dartmouth College, John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, William C. Wohlforth is the Daniel Webster Professor in the Department of Government at Dartmouth College “Don’t Come Home America: The Case Against Retrenchment,” International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51) A core premise of deep engagement is that it prevents the emergence of a far more dangerous global security environment. For one thing, as noted above, the United States’ overseas presence gives it the leverage to restrain partners from taking provocative action. Perhaps more important, its core alliance commitments also deter states with aspirations to regional hegemony from contemplating expansion and make its partners more secure, reducing their incentive to adopt solutions to their security problems that threaten others and thus stoke security dilemmas. The contention that engaged U.S. power dampens the baleful effects of anarchy is consistent with influential variants of realist theory. Indeed, arguably the scariest portrayal of the war-prone world that would emerge absent the “American Pacifier” is provided in the works of John Mearsheimer, who forecasts dangerous multipolar regions replete with security competition, arms races, nuclear proliferation and associated preventive war temptations, regional rivalries, and even runs at regional hegemony and full-scale great power war. 72 How do retrenchment advocates, the bulk of whom are realists, discount this benefit? Their arguments are complicated, but two capture most of the variation: (1) U.S. security guarantees are not necessary to prevent dangerous rivalries and conflict in Eurasia; or (2) prevention of rivalry and conflict in Eurasia is not a U.S. interest. Each response is connected to a different theory or set of theories, which makes sense given that the whole debate hinges on a complex future counterfactual (what would happen to Eurasia’s security setting if the United States truly disengaged?). Although a certain answer is impossible, each of these responses is nonetheless a weaker argument for retrenchment than advocates acknowledge. The first response flows from defensive realism as well as other international relations theories that discount the conflict-generating potential of anarchy under contemporary conditions. 73 Defensive realists maintain that the high expected costs of territorial conquest, defense dominance, and an array of policies and practices that can be used credibly to signal benign intent, mean that Eurasia’s major states could manage regional multipolarity peacefully without the American pacifier. Retrenchment would be a bet on this scholarship, particularly in regions where the kinds of stabilizers that nonrealist theories point to—such as democratic governance or dense institutional linkages—are either absent or weakly present. There are three other major bodies of scholarship, however, that might give decisionmakers pause before making this bet. First is regional expertise. Needless to say, there is no consensus on the net security effects of U.S. withdrawal. Regarding each region, there are optimists and pessimists. Few experts expect a return of intense great power competition in a post-American Europe, but many doubt European governments will pay the political costs of increased EU defense cooperation and the budgetary costs of increasing military outlays. 74 The result might be a Europe that is incapable of securing itself from various threats that could be destabilizing within the region and beyond (e.g., a regional conflict akin to the 1990s Balkan wars), lacks capacity for global security missions in which U.S. leaders might want European participation, and is vulnerable to the influence of outside rising powers. What about the other parts of Eurasia where the United States has a substantial military presence? Regarding the Middle East, the balance begins to swing toward pessimists concerned that states currently backed by Washington— notably Israel, Egypt, and Saudi Arabia—might take actions upon U.S. retrenchment that would intensify security dilemmas. And concerning East Asia, pessimism regarding the region’s prospects without the American pacifier is pronounced. Arguably the principal concern expressed by area experts is that Japan and South Korea are likely to obtain a nuclear capacity and increase their military commitments, which could stoke a destabilizing reaction from China. It is notable that during the Cold War, both South Korea and Taiwan moved to obtain a nuclear weapons capacity and were only constrained from doing so by a still-engaged United States. 75 The second body of scholarship casting doubt on the bet on defensive realism’s sanguine portrayal is all of the research that undermines its conception of state preferences. Defensive realism’s optimism about what would happen if the United States retrenched is very much dependent on its particular—and highly restrictive—assumption about state preferences; once we relax this assumption, then much of its basis for optimism vanishes. Specifically, the prediction of post-American tranquility throughout Eurasia rests on the assumption that security is the only relevant state preference, with security defined narrowly in terms of protection from violent external attacks on the homeland. Under that assumption, the security problem is largely solved as soon as offense and defense are clearly distinguishable, and offense is extremely expensive relative to defense. Burgeoning research across the social and other sciences, however, undermines that core assumption: states have preferences not only for security but also for prestige, status, and other aims, and they engage in trade-offs among the various objectives. 76 In addition, they define security not just in terms of territorial protection but in view of many and varied milieu goals. It follows that even states that are relatively secure may nevertheless engage in highly competitive behavior. Empirical studies show that this is indeed sometimes the case. 77 In sum, a bet on a benign postretrenchment Eurasia is a bet that leaders of major countries will never allow these nonsecurity preferences to influence their strategic choices. To the degree that these bodies of scholarly knowledge have predictive leverage, U.S. retrenchment would result in a significant deterioration in the security environment in at least some of the world’s key regions. We have already mentioned the third, even more alarming body of scholarship. Offensive realism predicts that the withdrawal of the American pacifier will yield either a competitive regional multipolarity complete with associated insecurity, arms racing, crisis instability, nuclear proliferation, and the like, or bids for regional hegemony, which may be beyond the capacity of local great powers to contain (and which in any case would generate intensely competitive behavior, possibly including regional great power war). Hence it is unsurprising that retrenchment advocates are prone to focus on the second argument noted above: that avoiding wars and security dilemmas in the world’s core regions is not a U.S. national interest. Few doubt that the United States could survive the return of insecurity and conflict among Eurasian powers, but at what cost? Much of the work in this area has focused on the economic externalities of a renewed threat of insecurity and war, which we discuss below. Focusing on the pure security ramifications, there are two main reasons why decisionmakers may be rationally reluctant to run the retrenchment experiment. First, overall higher levels of conflict make the world a more dangerous place. Were Eurasia to return to higher levels of interstate military competition, one would see overall higher levels of military spending and innovation and a higher likelihood of competitive regional proxy wars and arming of client states—all of which would be concerning, in part because it would promote a faster diffusion of military power away from the United States. Greater regional insecurity could well feed proliferation cascades, as states such as Egypt, Japan, South Korea, Taiwan, and Saudi Arabia all might choose to create nuclear forces. 78 It is unlikely that proliferation decisions by any of these actors would be the end of the game: they would likely generate pressure locally for more proliferation. Following Kenneth Waltz, many retrenchment advocates are proliferation optimists, assuming that nuclear deterrence solves the security problem. 79 Usually carried out in dyadic terms, the debate over the stability of proliferation changes as the numbers go up. Proliferation optimism rests on assumptions of rationality and narrow security preferences. In social science, however, such assumptions are inevitably probabilistic. Optimists assume that most states are led by rational leaders, most will overcome organizational problems and resist the temptation to preempt before feared neighbors nuclearize, and most pursue only security and are risk averse. Confidence in such probabilistic assumptions declines if the world were to move from nine to twenty, thirty, or forty nuclear states. In addition, many of the other dangers noted by analysts who are concerned about the destabilizing effects of nuclear proliferation—including the risk of accidents and the prospects that some new nuclear powers will not have truly survivable forces—seem prone to go up as the number of nuclear powers grows. 80 Moreover, the risk of “unforeseen crisis dynamics” that could spin out of control is also higher as the number of nuclear powers increases. Finally, add to these concerns the enhanced danger of nuclear leakage, and a world with overall higher levels of security competition becomes yet more worrisome. The argument that maintaining Eurasian peace is not a U.S. interest faces a second problem. On widely accepted realist assumptions, acknowledging that U.S. engagement preserves peace dramatically narrows the difference between retrenchment and deep engagement. For many supporters of retrenchment, the optimal strategy for a power such as the United States, which has attained regional hegemony and is separated from other great powers by oceans, is offshore balancing: stay over the horizon and “pass the buck” to local powers to do the dangerous work of counterbalancing any local rising power. The United States should commit to onshore balancing only when local balancing is likely to fail and a great power appears to be a credible contender for regional hegemony, as in the cases of Germany, Japan, and the Soviet Union in the midtwentieth century. The problem is that China’s rise puts the possibility of its attaining regional hegemony on the table, at least in the medium to long term. As Mearsheimer notes, “The United States will have to play a key role in countering China, because its Asian neighbors are not strong enough to do it by themselves.” 81 Therefore, unless China’s rise stalls, “the United States is likely to act toward China similar to the way it behaved toward the Soviet Union during the Cold War.” 82 It follows that the United States should take no action that would compromise its capacity to move to onshore balancing in the future. It will need to maintain key alliance relationships in Asia as well as the formidably expensive military capacity to intervene there. The implication is to get out of Iraq and Afghanistan, reduce the presence in Europe, and pivot to Asia— just what the United States is doing. 83 In sum, the argument that U.S. security commitments are unnecessary for peace is countered by a lot of scholarship, including highly influential realist scholarship. In addition, the argument that Eurasian peace is unnecessary for U.S. security is weakened by the potential for a large number of nasty security consequences as well as the need to retain a latent onshore balancing capacity that dramatically reduces the savings retrenchment might bring. Moreover, switching between offshore and onshore balancing could well be difficult. Bringing together the thrust of many of the arguments discussed so far underlines the degree to which the case for retrenchment misses the underlying logic of the deep engagement strategy. By supplying reassurance, deterrence, and active management, the United States lowers security competition in the world’s key regions, thereby preventing the emergence of a hothouse atmosphere for growing new military capabilities. Alliance ties dissuade partners from ramping up and also provide leverage to prevent military transfers to potential rivals. On top of all this, the United States’ formidable military machine may deter entry by potential rivals. Current great power military expenditures as a percentage of GDP are at historical lows, and thus far other major powers have shied away from seeking to match top-end U.S. military capabilities. In addition, they have so far been careful to avoid attracting the “focused enmity” of the United States. 84 All of the world’s most modern militaries are U.S. allies (America’s alliance system of more than sixty countries now accounts for some 80 percent of global military spending), and the gap between the U.S. military capability and that of potential rivals is by many measures growing rather than shrinking. 85
2/24/17
jan feb graffiti cp
Tournament: any | Round: Finals | Opponent: any | Judge: any CP Text: Public colleges and universities in the United States ought not restrict any constitutionally protected speech except hate speech in graffiti.
It competes – the CP restricts hate speech in graffiti.
Hate speech through graffiti on college campuses is on the rise since Trump’s presidency – it’s not open discourse – it’s a completely malicious act with the intent of intimidation. Weill 16 Weill ‘16: Kelly Weill writes in “The Hate After Trump’s Election: Swastikas, Deportation Threats, and Racist Graffiti” for The Daily Beast. About Kelly Weill. Kelly Weill is Editor-In-Chief at NYU Local. She writes about politics for POLITICO New York. She's also done words for MSNBC, the New York Times and other news outlets. http://www.thedailybeast.com/articles/2016/11/13/the-hate-after-trump-s-election-swastikas-deportation-threats-and-racist-graffiti.html} In the chaotic wake of Donald Trump’s election, many Americans fear a surge in hate acts based on race or religion. Trump, who campaigned on an anti-Muslim, anti-immigrant platform, managed to mobilize a uniquely hateful base, garnering the endorsement of the KKK. And now that Trump’s been elected, his newly emboldened fans are already testing boundaries. As of Friday, the Southern Poverty Law Center had collected reports on over 200 alleged incidents of harassment. And while some skeptics say the unverified reports look like fraud or run-of-the-mill racism, others worry that the incidents forecast a grim future. Muslim Americans have reported a spike in physical and verbal attacks since Trump’s election. On Wednesday morning, just hours after Trump declared victory, Muslim students at New York University found the word “Trump!” scrawled on the door of their prayer room. The school’s Muslim Students Association called the graffiti a “chilling wake-up call,” a feeling many Muslims shared across the country. “Your time’s up, girlie,” a man on a subway platform reportedly told journalist Mehreen Kasana while she was wearing a headscarf on Wednesday morning. That same day at San Diego State University, a Muslim student was walking to her car when two men confronted her with “comments about President-elect Trump and the Muslim community,” a report from campus police reads. The men reportedly robbed her of her purse, along with her keys, and drove away in her car. A Muslim student at San Jose State University reportedly experienced a similar attack in a parking garage on Wednesday, when an unknown man pulled at her hijab from behind, choking the student and causing her to fall, according to a campus-wide alert. Also on Wednesday, a University of New Mexico freshman said one of her Trump-supporting classmates attempted to rip her hijab off her head. After the girl fought off her classmate, she reportedly confronted the man, who mentioned Trump and told her “I am going to sit down before you throw a grenade at me,” the Albuquerque Journal reports. Near the University of Illinois at Urbana-Champaign on Wednesday, a Muslim woman was reportedly confronted on a bus with a knife. At the University of Michigan on Friday, a student wearing a hijab was confronted by a stranger who brandished a lighter at her and threatened to set her on fire if she did not remove the scarf, police say. Muslim educators also reportedly came under attack in their schools. A Georgia high-school teacher who wears a hijab reported that someone left a threatening note on her desk on Friday. “Your head scarf isn’t allowed anymore. Why don’t you tie it around your neck and hang yourself,” reads the handwritten card, which is signed “America!” And in a nearby Georgia high school, a pro-Trump teacher reportedly joined the offensive against minorities, launching into a tirade about undocumented immigrants. The unnamed teacher has been placed on leave pending an investigation into her allegedly “abusive” rant against immigrants on Wednesday. Eighty-six percent of the students at the teacher’s school are Latino, and many speak English as a second language. In a Los Angeles middle school on Wednesday, a substitute teacher was recorded mocking sixth-grade students over deportations. “If you were born here, then your parents got to go. Then they will leave you behind, and you will be in foster care,” the teacher is heard saying on the recording. When a student asks how Trump’s administration will find her parents, the teacher threatens that “I have your phone numbers, your address, your mama’s address, your daddy’s address. It’s all in the system, sweetie.” Students at a California high school were also subjected to deportation threats, after a classmate handed out “deportation letters” to minorities and posted footage to social media. Video from a middle school outside Detroit shows students chanting “build the wall” in the cafeteria, while their Latino classmates cried or looked on with extreme discomfort on Wednesday. At a different Detroit-area middle school that same day, white students reportedly linked arms to block minority students from passing. A teacher in Washington state reported similar anti-Latino comments in school. “‘Build a wall’ was chanted in our cafeteria Wed at lunch,” the teacher told the SPLC. “‘If you aren’t born here, pack your bags’ was shouted in my own classroom. ‘Get out spic’ was said in our halls.” A Mexican-American high school teacher told the SPLC that one of his students told him to leave the country as “he wasn’t welcome any longer.” A Harvard professor registered an official complaint with the U.S. Postal Service after he reportedly witnessed an employee shouting “go back to your country. This is Trump land. You ain’t getting your check no more,” at a Latino man. A University of Denver law professor of Asian descent said a man shouted “build the wall” at her from a distance on Thursday. “Guessing he saw a brown woman at a distance and assumed I was Latina,” she wrote on Twitter. African Americans have reported a dramatic rise in racist remarks since Trump’s Tuesday election. At the University of Pennsylvania, black students were added to a chat group where users with names like “Daddy Trump” sent them racial and sexist slurs, along with an invitation to an event called “Daily Lynching.” The anonymous users also called the students “dumb slaves” and sent a picture of a mass-lynching with the caption “I love America.” A University of Oklahoma student has been suspended in connection with the messages. In Louisiana, a black woman says she was waiting to cross the street when a truck with three white men pulled up alongside her. “One of them yelled, ‘Fuck your black life!’” the woman told the SPLC. “The other two began to laugh. One began to chant ‘Trump!’ as they drove away.” A bathroom at a Minnesota high school was defaced with racist messages: “whites only,” “Trump train,” “white america,” and explicit racial slurs were written inside a stall, pictures reveal. In Durham, North Carolina, a large outdoor wall was graffitied with an anti-black message: “Black lives don’t matter and neither does your votes,” the message read. In the Upstate New York town of Wellsville, a large swastika was found painted on a baseball dugout, accompanied by the words “Make America White Again.” The swastika was one of many to appear across the country in the wake of the election, including one an hour away on the campus of SUNY Geneseo. In New York City, students at the New School reported finding swastikas drawn on four dorm rooms, including those of Jewish students. Another swastika appeared on a sidewalk in a heavily Jewish neighborhood in Brooklyn. In Philadelphia, two swastikas and the words “sieg heil” were spray painted on a storefront early Wednesday morning. In Indiana, an Episcopal church shared pictures of a swastika and the words “fag church” and “heil Trump” spray painted on the side. In Montana, self-professed Nazis allegedly began campaigning in earnest after Trump’s victory. Flyers promoting the American Nazi Party and disparaging Jewish people began appearing on Missoula doorsteps last week. Turns case – graffiti is an explicit violation of property rights. It’s vandalism. MacDonald 14 MacDonald ‘14: Heather MacDonald writes in “Graffiti Is Always Vandalism” for the New York Times Opinion Pages on December 4th, 2014 @ 9:16 AM. http://www.nytimes.com/roomfordebate/2014/07/11/when-does-graffiti-become-art/graffiti-is-always-vandalism; Anyone who glorifies graffiti needs to answer one question: If your home were tagged during the night without your consent, would you welcome the new addition to your décor or would you immediately call a painter, if not the police? No institution that has celebrated graffiti in recent years – like the Museum of Contemporary Art in Los Angeles or the Museum of the City of New York – would allow its own premises to be defaced for even one minute. Graffiti is something that one celebrates, if one is juvenile enough to do so, when it shows up on someone else’s property but never on one’s own. The question “When does graffiti become art?” is meaningless. Graffiti is always vandalism. By definition it is committed without permission on another person’s property, in an adolescent display of entitlement. Whether particular viewers find any given piece of graffiti artistically compelling is irrelevant. Graffiti’s most salient characteristic is that it is a crime. John Lindsay, the progressive New York politician who served as mayor from 1966 to 1973, declared war on graffiti in 1972. He understood that graffiti signaled informal social controls and law enforcement had broken down New York’s public spaces, making them vulnerable to even greater levels of disorder and law-breaking. A 2008 study from the Netherlands has shown that physical disorder and vandalism have a contagious effect, confirming the “broken windows theory.” There is nothing “progressive about allowing public amenities to be defaced by graffiti; anyone who can avoid a graffiti-bombed park or commercial thoroughfare will do so, since tagging shows that an area is dominate by vandals who may be involved in other crimes as well. New York’s conquest of subway graffiti in the late 1980s was the first sign in decades that the city was still governable; that triumph over lawlessness paved the way for the urban renaissance that followed.
2/24/17
jan feb harassment cp
Tournament: any | Round: Finals | Opponent: any | Judge: any A: Public universities and colleges should either create policies, or reform their current policies on sexual harassment, to set strict harassment guidelines for in classroom behavior for teachers that prohibits speech that creates a hostile learning environment. They should also implement guidelines prohibiting student-to-student content that creates a hostile learning environment due to the sexual nature of the speech. These regulations will be enforced consistent with Title IX and VII of the Civil Rights Act. Dower 12 J.d Dower, Benjamin. Assistant Attorney General at Texas Attorney General "Scylla of Sexual Harassment and the Charybdis of Free Speech: How Public Universities Can Craft Policies to Avoid Liability, The." Rev. Litig. 31 (2012): 703. Sexual Harassment Policy for University Students¶ Students are prohibited from committing sexual harassment.¶ Sexual harassment for students is defined as:¶ (1) Words of a sexual nature directed at the person of the¶ addressee that, by their very utterance, inflict injury, provoke¶ resentment in the addressee, and tend to incite an immediate breach¶ of the peace. Breach of the peace, as contemplated by this provision,¶ is defined as public disorder that involves the outbreak of physical¶ violence.¶ (2) Unwelcome sexual advances, requests for sexual favors,¶ and other verbal or physical conduct of a sexual nature when¶ (a) submission to such conduct is made either¶ explicitly or implicitly a term or condition of an individual's¶ academic or employment status; or¶ (b) submission to or rejection of such conduct by an¶ individual is used as the basis for employment or academic¶ decision affecting such individual.¶ (3) Conduct of a sexual nature that is so severe and¶ pervasive-viewed both objectively and from the perspective of the¶ recipient of the remarks and considering the totality of the¶ circumstances-as to create a hostile learning environment.¶ Sexual Harassment Policy for University Employees¶ University employees are prohibited from committing sexual harassment.¶ Sexual harassment for university employees is defined as:¶ (1) Words of a sexual nature directed at the person of the addressee that, by their very utterance, inflict injury, provoke resentment in the addressee, and tend to incite an immediate breach of the peace. Breach of the peace, as contemplated by this provision, *746 is defined as public disorder that involves the outbreak of physical violence.¶ (2) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when¶ (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic or employment status; or¶ (b) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting such individual.¶ ¶ (3) Conduct of a sexual nature that is so severe or pervasive--viewed both objectively and from the perspective of the recipient of the remarks and considering the totality of the circumstances--as to create a hostile learning environment.¶ ¶ Possible Addition¶ ¶ A university employee accused of sexual harassment stemming from speech conducted in the classroom may raise, as a defense, that his or her classroom expression was reasonably related to a legitimate pedagogical interest. If the employee is able to show by a preponderance of the evidence that his or her classroom expression was reasonably related to a legitimate pedagogical interest, the committee shall weigh the value of that interest against the harm of the alleged harassment in determining both guilt and punishment.¶
The counterplan resolves a grey area within harassment law – right now professor speech gets protected under the first amendment. The counterplan shifts the precedent to take a stance against harassment. Marcus 08 Kenneth L Marcus Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College¶ School of Public Affairs. "Higher Education, Harassment, and First Amendment Opportunism." Wm. and Mary Bill Rts. J. 16 (2007): 1025. These incidents highlight a puzzling phenomenon in contemporary constitutional¶ culture. The puzzle has been the relatively recent appearance and eager¶ acceptance, especially in higher education, of First Amendment or academic¶ freedom arguments in areas which had long been beyond their reach. For at least¶ the "first fifteen years of its development," the law of harassment had been wellunderstood¶ to regulate a sphere of constitutionally unprotected, proscribable¶ conduct, even when it incidentally included the use of words.2' Yet in recent years¶ free-speech arguments have become a favorite topic-changing device for defenders¶ of all forms of harassment, 22 especially in post-secondary education where many are¶ especially sensitized to issues of free speech and academic freedom. The tendency¶ to construct harassing conduct as speech has important ramifications since the¶ appearance of the First Amendment, with its powerful array of standards and¶ presumptions, augurs ill for any area of regulation which is brought within its¶ shifting boundaries. As Frederick Schauer put it, "Once the First Amendment shows¶ up, much of the game is over., 23 And indeed, arguably, the game may now be over¶ for harassment law, which is to say, free speech issues may have obtained too much traction in this area to be dismissed out of hand. On the other hand, it remains at¶ best unclear as to whether the First Amendment is even salient as to this area of law.¶ The appearance of the First Amendment in this area was likely hastened by¶ overreaching on the part of civil rights advocates who, during the 1980s and 1990s,¶ introduced campus speech codes which could not help but raise First Amendment¶ attention.24 For many years, this conflict played itself out in a series of arguments¶ about campus speech codes, which were devised to protect various groups from¶ expressions which might be considered offensive or "hateful."' While these codes¶ drew some support from academic commentators, 26 the courts generally found them¶ to violate the First Amendment and other commentators agreed.27 Interestingly, few institutions have withdrawn speech or harassment codes unless threatened with the¶ risk of litigation or faced with adverse judicial decisions, and many apparently¶ remain on the books.28¶ At the same time, however, most universities have also promulgated antidiscrimination¶ and harassment policies pursuant to the requirements of various¶ federal civil rights statutes (especially Title VI of the Civil Rights Act of 196429 and¶ Title IX3¶ " of the Education Amendments Act).3¶ ' Unlike hate speech codes,¶ harassment regulations (such as the federal regulations or public universities'¶ implementing policies) are not directly aimed at speech, although the harassing¶ conduct they regulate may include words.32 Given the prominence of speech¶ interests to the academic setting, however, free speech claims are now regularly¶ raised in response to various allegations of harassment; this is nowhere more true¶ than with respect to allegations of anti-Semitic harassment. Indeed, Justice Kennedy¶ once remarked in dissent that federal education harassment law is "circumscribed by the First Amendment,"33 and federal regulatory policy has assumed this to be so¶ for over a decade. 34 Nevertheless, there is reason to question the validity of this¶ assumption and the salience of free speech to the regulation of education harassment.¶ To the extent that harassment regulation encompasses some speech activities by¶ state actors on the basis of content, the most difficult constitutional question may be¶ whether First Amendment doctrine even applies to such questions or whether they¶ lay outside of the boundaries of First Amendment coverage. 35 This Article will¶ argue that the salience of the First Amendment to questions of academic harassment¶ is at best unsettled; that efforts to apply First Amendment doctrine to harassment¶ law may be seen as a form of what Frederick Schauer has described as "First¶ Amendment opportunism; ' 36 and that such efforts to extend the boundaries of the¶ First Amendment are ultimately unresolvable on the basis of constitutional doctrine¶ alone. Special attention is given to the recently resurgent problem of campus antiSemitism¶ because harassment allegations under this rubric have been subjected to¶ frequent, intense challenge as of late.37z
2/24/17
jan feb hate crimes da
Tournament: any | Round: Finals | Opponent: any | Judge: any Crimes on campus are decreasing right now. Sutton 16 Sutton, Halley. "Report shows crime on campus down across the country." Campus Security Report 13.4 (2016): 9-9. http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/fullnhs-VA A recent report released by the National Center for Education Statistics found an overall decrease in crimes at educational institutions across the country since 2001. The overall number of crimes reported by postsecondary institutions has dropped by 34 percent, from 41,600 per year in 2001 to 27,600 per year in 2013. The report, titled Indicators of School Crime and Safety: 2015, covers higher education campuses as well as K–12 schools and includes such topics as victimization, teacher injury, bullying and cyberbullying, use of drugs and alcohol, and criminal incidents at postsecondary institutions. The report found significant decreases in instances of bullying, harassment due to sexual orientation, and violent crime at all levels of education. The number of on-campus crimes reported at postsecondary institutions in 2013 was lower than in 2001 for every category except forcible sex offenses and murder.
Hate speech is protected by the constitution – they can’t restrict ANY constitutionally protected speech. Volokh 15. Volokh, Eugene. "No, There’s No “hate Speech” Exception to the First Amendment." The Washington Post. WP Company, 07 May 2015. Web. 09 Dec. 2016. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.05cfdd01dea4.//nhs-VA I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans. To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term. For instance, there is an exception for “fighting words” — face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. But this exception isn’t limited to racial or religious insults, nor does it cover all racially or religiously offensive statements. Indeed, when the City of St. Paul tried to specifically punish bigoted fighting words, the Supreme Court held that this selective prohibition was unconstitutional (R.A.V. v. City of St. Paul (1992)), even though a broad ban on all fighting words would indeed be permissible. (And, notwithstanding CNN anchor Chris Cuomo’s Tweet that “hate speech is excluded from protection,” and his later claims that by “hate speech” he means “fighting words,” the fighting words exception is not generally labeled a “hate speech” exception, and isn’t coextensive with any established definition of “hate speech” that I know of.)
Hate speech leads to hate crimes against marginalized groups. Greenblatt 15. Greenblatt, Jonathan. "When Hateful Speech Leads to Hate Crimes: Taking Bigotry Out of the Immigration Debate." The Huffington Post. TheHuffingtonPost.com, 21 Aug. 2015. Web. 14 Dec. 2016. http://www.huffingtonpost.com/jonathan-greenblatt/when-hateful-speech-leads_b_8022966.html.//nhs-VA The words used on the campaign trail, on the floors of Congress, in the news, and in all our living rooms have consequences. They directly impact our ability to sustain a society that ensures dignity and equality for all. Bigoted rhetoric and words laced with prejudice are building blocks for the pyramid of hate. Biased behaviors build on one another, becoming ever more threatening and dangerous towards the top. At the base is bias, which includes stereotyping and insensitive remarks. It sets the foundation for a second, more complex and more damaging layer: individual acts of prejudice, including bullying, slurs and dehumanization. Next is discrimination, which in turn supports bias-motivated violence, including apparent hate crimes like the tragic one in Boston. And in the most extreme cases if left unchecked, the top of the pyramid of hate is genocide. Just like a pyramid, the lower levels support the upper levels. Bias, prejudice and discrimination — particularly touted by those with a loud megaphone and cheering crowd — all contribute to an atmosphere that enables hate crimes and other hate-fueled violence. The most recent hate crime in Boston is just one of too many. In fact, there is a hate crime roughly every 90 minutes in the United States today. That is why last week ADL announced a new initiative, #50StatesAgainstHate, to strengthen hate crimes laws around the country and safeguard communities vulnerable to hate-fueled attacks. We are working with a broad coalition of partners to get the ball rolling. Laws alone, however, cannot cure the disease of hate. To do that, we need to change the conversation. We would not suggest that any one person’s words caused this tragedy — the perpetrators did that — but the rhetorical excesses by so many over the past few weeks give rise to a climate in which prejudice, discrimination and hate-fueled violence can take root. Reasonable people can differ about how we should fix our broken immigration system, but stereotypes, slurs, smears and insults have no place in the debate. Immigrants have been a frequent target of hate, and unfortunately, prejudice and violence are not new. Many of our ancestors faced similar prejudice when they came to the United States. In the 1800s, the attacks were against Irish and German immigrants. Next was a wave of anti-Chinese sentiment culminating with the Chinese Exclusion Act in 1882. Then the hatred turned on the Jews, highlighted by the lynching of Leo Frank in 1915. Then came bigotry against Japanese immigrants and people of Japanese dissent, which led to the shameful internment of more than 110,000 people during World War II. Today, anti-immigrant bigotry largely focuses on Latinos. The targets have changed, but the messages of hate remain largely the same. It is long past time for that to end.
2/24/17
jan feb university funding da
Tournament: any | Round: Finals | Opponent: any | Judge: any The affirmative leads to more student lawsuits against universities Jensen 93. Ejner J. Jensen, Senate Assembly Chair, 2-8-1993, "The pros and cons of a policy covering hate speech," The University Record, http:ur.umich.edu/9293/Feb08'93/8.htm AD Universities have a right and duty to provide an educational environment, a climate of civility, where all students can learn and live free from bigotry. 2. A university’s objective is to educate and to instill within students fundamental values of human decency. 3. Numerous responses from students to the rights and responsibilities document last summer indicated that a significant proportion of the harassment experienced by U-M students comes from faculty. They described in-class harassment, racial harassment at a public event, harassment based on ethnic origin, and clear cultural bias in classroom settings. 4. Speech codes publicly announce a university’s support of civil rights and equal dignity of all persons; the failure to adopt a speech code implies that the University condones hate speech. 5. The University may be held liable for damages by persons who were subjected to harassment, if the University knowingly tolerates such conduct. 6. Faculty and staff, as well as students, should be prohibited from violating the rights of other members of the University community. 7. While harassment by faculty may be quite rare, it is important to have a mechanism for dealing with reported incidents and resolving misunderstandings that may be interpreted as harassment. Increased lawsuits kill university budgets Ryman 9. Anne Ryman, 12-20-2009, "Christian group wages fight against censorship on campus," The Arizona Republic, http:archive.azcentral.com/news/articles/2009/12/20/20091220alliance1220.html At a sprawling, glass-and-brick office complex in north Scottsdale, a dozen or so attorneys and colleagues gather each morning in a dim, ornate room to pray. The group of Christians is seeking God's guidance in an ongoing quest to preserve family values and freedom of religious expression. The group draws strength from prayers and from a well of assets: a $30 million annual budget, paid and volunteer lawyers across the country, and the organization's years of doing battle in court. That organization, the non-profit Alliance Defense Fund, is now undertaking a special campaign on a familiar front of the culture wars. Armed with a $9.2 million donation from an anonymous family plus its own matching funds, the group is stepping up efforts to combat what it says is widespread and unconstitutional censorship at public colleges. With an estimated three years of funding, the University Project, as it is called, will deploy more attorneys to defend students or student groups that feel they are being prevented from expressing socially conservative or religious views. The 15-year-old Alliance Defense Fund has long been involved in freedom-of-speech cases at universities, but members believe censorship is growing. The new project represents one of many areas in which the group and similar organizations are waging legal fights as a growing enforcement of anti-discrimination laws by governments and schools clashes with religious rights. The Defense Fund now has 55 legal cases in which it either sued a college or is working with student groups to assert their rights. The cases include issues such as students who feel their pro-life views were censored, a student who tangled with a professor over religious views in class, and an independent student newspaper whose distribution bins were removed from campus. The University Project will likely mean dozens more lawsuits at a time when college budgets are stretched thin because of state funding cuts. Some advocacy groups say the organization's effort is misguided because religious students have many opportunities to promote their beliefs on campuses. For their part, universities say their policies are crafted to both protect free speech and ensure a safe, respectful environment. At Arizona State University, for instance, a law professor worked closely with the American Civil Liberties Union to write guidelines to encourage free speech rather than to restrict it, said Nancy Tribbensee, staff attorney for the Arizona Board of Regents. Tribbensee said she hopes the Defense Fund also will seek constructive dialogue with institutions with which the group has concerns before launching into litigation. Loss of funding kills quality of education – turns case Mitchell et al 16. Mitchell, MichaelMichael Mitchell is a Senior Policy Analyst with the Center’s State Fiscal Policy division. Prior to joining the Center, Mitchell worked as a State Policy Fellow for the Washington State Budget and Policy Center, where he conducted research on state taxes and borrowing, the effects of budget cuts on communities of color, and the impacts of the recession on young adults. Mitchell holds a B.A. in Economics and Political Science from the University of Connecticut and an MPA from the Maxwell School at Syracuse University , Michael LeachmanMichael Leachman is Director of State Fiscal Research with the State Fiscal Policy division of the Center, which analyzes state tax and budget policy decisions and promotes sustainable policies that take into account the needs of families of all income levels. Since joining the Center in 2009, Leachman has researched a range of state fiscal policy issues including the impact of federal aid, the debt states owe in their Unemployment Insurance trust funds, and the wisdom of state spending limits. Prior to joining the Center, he was a policy analyst for nine years at the Oregon Center for Public Policy (OCPP), a member of the State Priorities Partnership. His work at OCPP included research on corporate income taxes, reserve funds, spending limits, the Earned Income Tax Credit, food stamps, and TANF. Earlier in his career, Leachman worked as a community organizer in Chicago and, during graduate school, conducted a range of research projects in collaboration with community organizations. Leachman holds a Ph.D. in sociology from Loyola University Chicago, and Kathleen MastersonKathleen Masterson joined the Center as a Research Assistant for the State Fiscal Project in April 2015. Prior to joining SFP, she interned at the Center with the Food Assistance team, primarily tracking the implementation of the community eligibility provision. Masterson has also interned with the Arms Control Association and spent a year teaching English in China. She holds a MPIA from the University of Pittsburgh, and a B.A. in History and Political Science from The College of William and Mary. "Funding Down, Tuition Up." Funding Down, Tuition Up. Center on Budget and Policy Priorities, 15 Aug. 2016. Web. 11 Dec. 2016. http:www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up Years of cuts in state funding for public colleges and universities have driven up tuition and harmed students’ educational experiences by forcing faculty reductions, fewer course offerings, and campus closings. These choices have made college less affordable and less accessible for students who need degrees to succeed in today’s economy. YEARS OF CUTS HAVE MADE COLLEGE LESS AFFORDABLE AND LESS ACCESSIBLE FOR STUDENTS.Though some states have begun to restore some of the deep cuts in financial support for public two- and four-year colleges since the recession hit, their support remains far below previous levels. In total, after adjusting for inflation, funding for public two- and four-year colleges is nearly $10 billion below what it was just prior to the recession. As states have slashed higher education funding, the price of attending public colleges has risen significantly faster than the growth in median income. For the average student, increases in federal student aid and the availability of tax credits have not kept up, jeopardizing the ability of many to afford the college education that is key to their long-term financial success. States that renew their commitment to a high-quality, affordable system of public higher education by increasing the revenue these schools receive will help build a stronger middle class and develop the entrepreneurs and skilled workers that are needed in the new century. Of the states that have finalized their higher education budgets for the current school year, after adjusting for inflation:2 Forty-six states — all except Montana, North Dakota, Wisconsin, and Wyoming — are spending less per student in the 2015-16 school year than they did before the recession.3 States cut funding deeply after the recession hit. The average state is spending $1,598, or 18 percent, less per student than before the recession. Per-student funding in nine states — Alabama, Arizona, Idaho, Illinois, Kentucky, Louisiana, New Hampshire, Pennsylvania, and South Carolina — is down by more than 30 percent since the start of the recession. In 12 states, per-student funding fell over the last year. Of these, four states — Arkansas, Illinois, Kentucky, and Vermont — have cut per-student higher education funding for the last two consecutive years. In the last year, 38 states increased funding per student. Per-student funding rose $199, or 2.8 percent, nationally. Deep state funding cuts have had major consequences for public colleges and universities. States (and to a lesser extent localities) provide roughly 54 percent of the costs of teaching and instruction at these schools.4 Schools have made up the difference with tuition increases, cuts to educational or other services, or both. Since the recession took hold, higher education institutions have: Increased tuition. Public colleges and universities across the country have increased tuition to compensate for declining state funding and rising costs. Annual published tuition at four-year public colleges has risen by $2,333, or 33 percent, since the 2007-08 school year.5 In Arizona, published tuition at four-year schools is up nearly 90 percent, while in six other states — Alabama, California, Florida, Georgia, Hawaii, and Louisiana — published tuition is up more than 60 percent. These sharp tuition increases have accelerated longer-term trends of college becoming less affordable and costs shifting from states to students. Over the last 20 years, the price of attending a four-year public college or university has grown significantly faster than the median income.6 Although federal student aid and tax credits have risen, on average they have fallen short of covering the tuition increases. Tuition increases have compensated for only part of the revenue loss resulting from state funding cuts. Over the past several years, public colleges and universities have cut faculty positions, eliminated course offerings, closed campuses, and reduced student services, among other cuts. A large and growing share of future jobs will require college-educated workers.7 Sufficient public investment in higher education to keep quality high and tuition affordable, and to provide financial aid to students who need it most, would help states develop the skilled and diverse workforce they will need to compete for these jobs. Sufficient public investment can only occur, however, if policymakers make sound tax and budget decisions. State revenues have improved significantly since the depths of the recession but are still only modestly above pre-recession levels.8 To make college more affordable and increase access to higher education, many states need to supplement that revenue growth with new revenue to fully make up for years of severe cuts. But just as the opportunity to invest is emerging, lawmakers in a number of states are jeopardizing it by entertaining tax cuts that in many cases would give the biggest breaks to the wealthiest taxpayers. In recent years, states such as Wisconsin, Louisiana, and Arizona have enacted large-scale tax cuts that limit resources available for higher education. And in Illinois and Pennsylvania ongoing attempts to find necessary resources after large tax cuts threaten current and future higher education funding