Tournament: Berkeley | Round: 3 | Opponent: Archbishop Mitty LC | Judge: Brandon Garcia
1AC
Under the facade of promoting free speech, colleges have repressed it through regulation of appropriate "space and time” – this hidden form of censorship forces protest into spaces where it is ineffective.
Mitchell 03 - Don Mitchell, Distinguished Professor of Geography at Syracuse’s Maxwell School: 2003 (“The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced” Stanford Agora Vol. 4 p.4-8 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf Accessed on 12/11/16)IG
Zoning is reminiscent of the McCarthy Era and the faults of COINTELPRO – repression cloaked in the law – and gives authorities the power to construe civil disobedience as domestic terrorism, especially in this post-9/11 era.
Mitchell 03 - Don Mitchell, Distinguished Professor of Geography at Syracuse’s Maxwell School: 2003 (“The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced” Stanford Agora Vol. 4 p.43-45 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf Accessed on 12/11/16)IG
This geography implies that speech becomes dangerous and thus illegal as it becomes effective – that necessarily means effective protest become illegal and what’s left is empty.
Mitchell 03 - Don Mitchell, Distinguished Professor of Geography at Syracuse’s Maxwell School: 2003 (“The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced” Stanford Agora Vol. 4 p.9-14 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf Accessed on 12/11/16)IG
Williams 15 Jo Williams (Lecturer, College of Education at Victoria University), "Remaking education from below: the Chilean student movement as public pedagogy," Australian Journal of Adult Learning, November 2015 AZ
More than ever the crisis of schooling represents, at large, the crisis of democracy itself and any attempt to understand the attack on public schooling and higher education cannot be separated from the wider assault on all forms of public life not driven by the logic of the market (Giroux, 2003:7) “Fin al lucro en educación, nuestros sueños no les pertenecen” (end profit making in education, nobody owns our dreams 1 ) (slogan of the Chilean student movement, inspired by the French student uprisings of May-June 1968) Over the past four decades, as the economic and ideological depravity of neoliberal policy and its market-driven logic (D. W. Hursh and Henderson, 2011) has been brought to bear on every aspect of education, the very concept of ‘public’ has been negated. Characteristics such as user-pays, competition, assaults on teachers, and mass standardised-testing and rankings, are among the features of a schooling, which is now very much seen as a private rather than public good (Giroux, 2003). The question of public education as a democratic force for the radical transformation of a violently unjust society seems rarely if ever asked, and a dangerous co-option and weakening of the language and practice of progressive pedagogy has occurred to the extent that notions of inclusion and success are increasingly limited to narrowly conceived individualist and competitive measures of market advantage. As Giroux notes “the forces of neo-liberalism dissolve public issues into utterly privatised and individualistic concerns (2004:62), and despite ongoing official rhetoric “the only form of citizenship increasingly being offered to young people is consumerism” (2003:7). Neoliberal education sees students and young people as passive consumers, the emphasis of schooling on learning how to be governed rather than how to govern (Giroux, 2003:7). In such a context the space for a public pedagogy, based on challenging the hegemony of neoliberal ideology and aligned with collective resistance, appears limited at best. And yet, every day people, teachers, students and communities do engage in political struggle, enacting pedagogies that seek to unveil rather than continue to mask the political structures and organisation that ensures power remains in the hands of the few, and at the service of the few, at the expense of the rest of us. Giroux characterises public pedagogies as defined by hope, struggle and a politicisation of the education process. He argues for …a politics of resistance that extends beyond the classroom as part of a broader struggle to challenge those forces of neo-liberalism that currently wage war against all collective structures capable of defending vital social institutions as a public good (Giroux, 2003:14). Central to Giroux’s argument is the need for critical educators to look to, value, and engage in and with social movements as they emerge and develop as sites of resistance. To …take sides, speak out, and engage in the hard work of debunking corporate culture’s assault on teaching and learning, orient their teaching for social change, connect learning to public life and link knowledge to the operations of power (Giroux, 2004:77). He argues that “progressive education in an age of rampant neoliberalism requires an expanded notion of the public, pedagogy, solidarity, and democratic struggle” (Giroux, 2003:13), and that moreover, educators need to work against a “politics of certainty” and instead develop and engage in pedagogical practice that problematises the world and fosters a sense of collective resistance and hope (2003:14). A neoliberal vision of the ‘good citizen’ and ‘good student’ presumes passivity, acceptance of the status quo and an individualistic disposition. Critical pedagogues must seek out and embrace opportunities to support and celebrate collective political action, not only because it develops a sense of social and political agency but also because it constitutes a powerful basis for authentic learning and active and critical citizenship in an unjust world (Freire, 1970). The Chilean student movement stands as one such example of challenging and inspiring counter-practice and a reclaiming of pedagogy as political and public. For ten years students have filled Chile’s streets, occupied their schools and universities, and organised conferences, public Remaking education from below: the Chilean student movement as public pedagogy 499 meetings, political stunts, creative actions and protests. Students and young people have been at the centre of the largest and most sustained political action seen in Chile since the democratic movement of the 80s, which eventually forced out the Pinochet dictatorship. Despite global trends in the opposite direction, the Chilean students have fundamentally influenced a nationwide education reform program constituting significant changes to the existing system which has been described as an extreme example of market-driven policy (Valenzuela, Bellei, and Ríos, 2014:220). Most importantly, they have forced and led a nationwide dialogue on the question of education and social justice in Chile and an interrogation of the current, grossly inequitable and elitist model (Falabella, 2008). This article begins by reviewing the experiences of the Chilean student movement to date and offering a brief explanation of the historical development of the education system it seeks to dismantle. It then considers the movement as an example of public pedagogies, concluding with a discussion of how it might inform notions of radical educational practice and a return of the student and pedagogue as authentic and critical subjects.
The Role of the Ballot is to fight neoliberalism to reclaim the academy and higher education. Objectivity is a lie placing an absolute truth where there is none to find except for the statement that neoliberalism is violent and uses normativity as a shield to hide their lies of oppression. Refuse that ethical criteria and embrace higher education’s true calling.
Giroux 13 (Henry, American scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy, “Public Intellectuals Against the Neoliberal University,” 29 October 2013, http://www.truth-out.org/opinion/item/19654-public-intellectuals-against-the-neoliberal-university)//ghs-VA
Increasingly, as universities are shaped by an audit culture, the call to be objective and impartial, whatever one's intentions, can easily echo what George Orwell called the official truth or the establishment point of view. Lacking a self-consciously democratic political focus, teachers are often reduced, or reduce themselves, to the role of a technician or functionary engaged in formalistic rituals, unconcerned with the disturbing and urgent problems that confront the larger society or the consequences of one's pedagogical practices and research undertakings. Hiding behind appeals to balance and objectivity, too many scholars refuse to recognize that being committed to something does not cancel out what C. Wright Mills once called hard thinking. Teaching needs to be rigorous, self-reflective, and committed not to the dead zone of instrumental rationality but to the practice of freedom, to a critical sensibility capable of advancing the parameters of knowledge, addressing crucial social issues, and connecting private troubles and public issues. In opposition to the instrumental model of teaching, with its conceit of political neutrality and its fetishization of measurement, I argue that academics should combine the mutually interdependent roles of critical educator and active citizen. This requires finding ways to connect the practice of classroom teaching with important social problems and the operation of power in the larger society while providing the conditions for students to view themselves as critical agents capable of making those who exercise authority and power answerable for their actions. Higher education cannot be decoupled from what Jacques Derrida calls a democracy to come, that is, a democracy that must always "be open to the possibility of being contested, of contesting itself, of criticizing and indefinitely improving itself."33 Within this project of possibility and impossibility, critical pedagogy must be understood as a deliberately informed and purposeful political and moral practice, as opposed to one that is either doctrinaire, instrumentalized or both. Moreover, a critical pedagogy should also gain part of its momentum in higher education among students who will go back to the schools, churches, synagogues and workplaces to produce new ideas, concepts and critical ways of understanding the world in which young people and adults live. This is a notion of intellectual practice and responsibility that refuses the professional neutrality and privileged isolation of the academy. It also affirms a broader vision of learning that links knowledge to the power of self-definition and to the capacities of students to expand the scope of democratic freedoms, particularly those that address the crisis of education, politics, and the social as part and parcel of the crisis of democracy itself. In order for critical pedagogy, dialogue and thought to have real effects, they must advocate that all citizens, old and young, are equally entitled, if not equally empowered, to shape the society in which they live. This is a commitment we heard articulated by the brave students who fought tuition hikes and the destruction of civil liberties and social provisions in Quebec and to a lesser degree in the Occupy Wall Street movement. If educators are to function as public intellectuals, they need to listen to young people who are producing a new language in order to talk about inequality and power relations, attempting to create alternative democratic public spaces, rethinking the very nature of politics, and asking serious questions about what democracy is and why it no longer exists in many neoliberal societies. These young people who are protesting the 1 recognize that they have been written out of the discourses of justice, equality and democracy and are not only resisting how neoliberalism has made them expendable, they are arguing for a collective future very different from the one that is on display in the current political and economic systems in which they feel trapped. These brave youth are insisting that the relationship between knowledge and power can be emancipatory, that their histories and experiences matter, and that what they say and do counts in their struggle to unlearn dominating privileges, productively reconstruct their relations with others, and transform, when necessary, the world around them.
Neolib produces international conflicts and environmental collapse – extinction
Ehrenfeld ‘5 (David, Dept. of Ecology, Evolution, and Natural Resources @ Rutgers University, “The Environmental Limits to Globalization”, Conservation Biology Vol. 19 No. 2 April 2005)
The known effects of globalization on the environment are numerous and highly significant. Many others are undoubtedly unknown. Given these circumstances, the first question that suggests itself is: Will globalization, as we see it now, remain a permanent state of affairs (Rees 2002; Ehrenfeld 2003a)? The principal environmental side effects of globalization—climate change, resource exhaustion (particularly cheap energy), damage to agroecosystems, and the spread of exotic species, including pathogens (plant, animal, and human)—are sufficient to make this economic system unstable and short-lived. The socioeconomic consequences of globalization are likely to do the same. In my book The Arrogance of Humanism (1981), I claimed that our ability to manage global systems, which depends on our being able to predict the results of the things we do, or even to understand the systems we have created, has been greatly exaggerated. Much of our alleged control is science fiction; it doesn’t work because of theoretical limits that we ignore at our peril. We live in a dream world in which reality testing is something we must never, never do, lest we awake. In 1984 Charles Perrow explored the reasons why we have trouble predicting what so many of our own created systems will do, and why they surprise us so unpleasantly while we think we are managing them. In his book Normal Accidents, which does not concern globalization, he listed the critical characteristics of some of today’s complex systems. They are highly interlinked, so a change in one part can affect many others, even those that seem quite distant. Results of some processes feed back on themselves in unexpected ways. The controls of the system often interact with each other unpredictably. We have only indirect ways of finding out what is happening inside the system. And we have an incomplete understanding of some of the system’s processes. His example of such a system is a nuclear power plant, and this, he explained, is why system-wide accidents in nuclear plants cannot be predicted or eliminated by system design. I would argue that globalization is a similar system, also subject to catastrophic accidents, many of them environmental—events that we cannot define until after they have occurred, and perhaps not even then. The comparatively few commentators who have predicted the collapse of globalization have generally given social reasons to support their arguments. These deserve some consideration here, if only because the environmental and social consequences of globalization interact so strongly with each other. In 1998, the British political economist John Gray, giving scant attention to environmental factors, nevertheless came to the conclusion that globalization is unstable and will be short-lived. He said, “There is nothing in today’s global market that buffers it against the social strains arising from highly uneven economic development within and between the world’s diverse societies.” The result, Gray states, is that “The combination of an unceasing stream of new technologies, unfettered market competition and weak or fractured social institutions” has weakened both sovereign states and multinational corporations in their ability to control important events. Note that Gray claims that not only nations but also multinational corporations, which are widely touted as controlling the world, are being weakened by globalization. This idea may come as a surprise, considering the growth of multinationals in the past few decades, but I believe it is true. Neither governments nor giant corporations are even remotely capable of controlling the environmental or social forces released by globalization, without first controlling globalization itself. Two of the social critics of globalization with the most dire predictions about its doom are themselves masters of the process. The late Sir James Goldsmith, billionaire financier, wrote in 1994, It must surely be a mistake to adopt an economic policy which makes you rich if you eliminate your national workforce and transfer production abroad, and which bankrupts you if you continue to employ your own people.... It is the poor in the rich countries who will subsidize the rich in the poor countries. This will have a serious impact on the social cohesion of nations. Another free-trade billionaire, George Soros, said much the same thing in 1995: “The collapse of the global marketplace would be a traumatic event with unimaginable consequences. Yet I find it easier to imagine than the continuation of the present regime.” How much more powerful these statements are if we factor in the environment! As globalization collapses, what will happen to people, biodiversity, and ecosystems? With respect to people, the gift of prophecy is not required to answer this question. What will happen depends on where you are and how you live. Many citizens of the Third World are still comparatively self-sufficient; an unknown number of these will survive the breakdown of globalization and its attendant chaos. In the developed world, there are also people with resources of self-sufficiency and a growing understanding of the nature of our social and environmental problems, which may help them bridge the years of crisis. Some species are adaptable; some are not. For the non- human residents of Earth, not all news will be bad. Who would have predicted that wild turkeys (Meleagris gallopavo), one of the wiliest and most evasive of woodland birds, extinct in New Jersey 50 years ago, would now be found in every county of this the most densely populated state, and even, occasionally, in adjacent Manhattan? Who would have predicted that black bears (Ursus americanus), also virtually extinct in the state in the mid-twentieth century, would now number in the thousands (Ehrenfeld 2001)? Of course these recoveries are unusual—rare bright spots in a darker landscape. Finally, a few ecological systems may survive in a comparatively undamaged state; most will be stressed to the breaking point, directly or indirectly, by many environmental and social factors interacting unpredictably. Lady Luck, as always, will have much to say. In his book The Collapse of Complex Societies, the archaeologist Joseph Tainter (1988) notes that collapse, which has happened to all past empires, inevitably results in human systems of lower complexity and less specialization, less centralized control, lower economic activity, less information flow, lower population levels, less trade, and less redistribution of resources. All of these changes are inimical to globalization. This less-complex, less-globalized condition is probably what human societies will be like when the dust settles. I do not think, however, that we can make such specific predictions about the ultimate state of the environment after globalization, because we have never experienced anything like this exceptionally rapid, global environmental damage before. History and science have little to tell us in this situation. The end of the current economic system and the transition to a postglobalized state is and will be accompanied by a desperate last raid on resources and a chaotic flurry of environmental destruction whose results cannot possibly be told in advance. All one can say is that the surviving species, ecosystems, and resources will be greatly impoverished compared with what we have now, and our descendants will not thank us for having adopted, however briefly, an economic system that consumed their inheritance and damaged their planet so wantonly. Environment is a true bottom line—concern for its condition must trump all purely economic growth strategies if both the developed and developing nations are to survive and prosper. Awareness of the environmental limits that globalized industrial society denies or ignores should not, however, bring us to an extreme position of environmental determinism. Those whose preoccupations with modern civilization’s very real social problems cause them to reject or minimize the environmental constraints discussed here ( Hollander 2003) are guilty of seeing only half the picture. Environmental scientists sometimes fall into the same error. It is tempting to see the salvation of civilization and environment solely in terms of technological improvements in efficiency of energy extraction and use, control of pollution, conservation of water, and regulation of environmentally harmful activities. But such needed developments will not be sufficient—or may not even occur— without corresponding social change, including an end to human population growth and the glorification of consumption, along with the elimination of economic mechanisms that increase the gap between rich and poor. The environmental and social problems inherent in globalization are completely interrelated—any attempt to treat them as separate entities is unlikely to succeed in easing the transition to a postglobalized world. Integrated change that combines environmental awareness, technological innovation, and an altered world view is the only answer to the life-threatening problems exacerbated by globalization (Ehrenfeld 2003b). If such integrated change occurs in time, it will likely happen partly by our own design and partly as an unplanned response to the constraints imposed by social unrest, disease, and the economics of scarcity. With respect to the planned component of change, we are facing, as eloquently described by Rees (2002), “the ultimate challenge to human intelligence and self-awareness, those vital qualities we humans claim as uniquely our own. Homo sapiens will either. . .become fully human or wink out ignominiously, a guttering candle in a violent storm of our own making.” If change does not come quickly, our global civilization will join Tainter’s (1988) list as the latest and most dramatic example of collapsed complex societies. Is there anything that could slow globalization quickly, before it collapses disastrously of its own environmental and social weight? It is still not too late to curtail the use of energy, reinvigorate local and regional communities while restoring a culture of concern for each other, reduce nonessential global trade and especially global finance (Daly and Cobb 1989), do more to control introductions of exotic species (including pathogens), and accelerate the growth of sustainable agriculture. Many of the needed technologies are already in place. It is true that some of the damage to our environment—species extinctions, loss of crop and domestic animal varieties, many exotic species introductions, and some climatic change— will be beyond repair. Nevertheless, the opportunity to help our society move past globalization in an orderly way, while there is time, is worth our most creative and passionate efforts. The citizens of the United States and other nations have to understand that our global economic system has placed both our environment and our society in peril, a peril as great as that posed by any war of the twentieth century. This understanding, and the actions that follow, must come not only from enlightened leadership, but also from grassroots consciousness raising. It is still possible to reclaim the planet from a self-destructive economic system that is bringing us all down together, and this can be a task that bridges the divide between conservatives and liberals. The crisis is here, now. What we have to do has become obvious. Globalization can be scaled back to manageable proportions only in the context of an altered world view that rejects materialism even as it restores a sense of communal obligation. In this way, alone, can we achieve real homeland security, not just in the United States, but also in other nations, whose fates have become so thoroughly entwined with ours within the global environment we share.
Student protests oppose neoliberalism in higher education, translating theory into praxis
Delgado and Ross 16 Sandra Delgado (doctoral student in curriculum studies at the University of British Columbia in Vancouver, Canada) and E. Wayne Ross (Professor in the Faculty of Education at the University of British Columbia in Vancouver, Canada), "Students in Revolt: The Pedagogical Potential of Student Collective Action in the Age of the Corporate University" 2016 (published on Academia.edu) AZ
As students’ collective actions keep gaining more political relevance, student and university movements also establish themselves as spaces of counter-hegemony (Sotiris, 2014). Students are constantly opening new possibilities to displace and resist the commodification of education offered by mainstream educational institutions. As Sotiris (2014) convincingly argues, movements within the university have not only the potential to subvert educational reforms, but in addition, they have become “strategic nodes” for the transformation of the processes and practices in higher education, and most importantly for the constant re-imagination and the recreation of “new forms of subaltern counter-hegemony” (p. 1). The strategic importance of university and college based moments lays precisely in the role that higher education plays in contemporary societies, namely their role in “the development of new technologies, new forms of production and for the articulation of discourses and theories on contemporary issues and their role in the reproduction of state and business personnel.” (p.8) Universities and colleges therefore, have a crucial contribution in “the development of class strategies (both dominant and subaltern), in the production of subjectivities, (and) in the transformation of collective practices” (p.8) The main objective of this paper is to examine how contemporary student movements are disrupting, opposing and displacing entrenched oppressive and dehumanizing reforms, practices and frames in today’s corporate academia. This work is divided in four sections. The first is an introduction to student movements and an overview of how student political action has been approached and researched. The second and third sections take a closer look at the repertoires of contention used by contemporary student movements and propose a framework based on radical praxis that allows us to better understand the pedagogical potential of student disruptive action. The last section contains a series of examples of students’ repertoires or tactics of contention that exemplifies the pedagogical potential of student social and political action. An Overview of Student Movements Generally speaking, students are well positioned as political actors. They have been actively involved in the politics of education since the beginnings of the university, but more broadly, students have played a significant role in defining social, cultural and political environments around the world (Altbach, 1966; Boren, 2001). The contributions and influences of students and student movements to revolutionary efforts and political movements beyond the university context are undeniable. One example is the role that students have played in the leadership and membership of the political left (e.g. students’ role in the Movimiento 26 de Julio - M-26-7 in Cuba during the 50’s and in the formation of The New Left in the United States, among others). Similarly, several political and social movements have either established alliances with student organizations or created their own chapters on campuses to recruit new members, mobilize their agendas in education and foster earlier student’s involvement in politics2 (Altbach, 1966; Lipset, 1969). Students are often considered to be “catalysts” of political and social action or “barometers” of the social unrest and political tension accumulated in society (Barker, 2008). Throughout history student movements have had a diverse and sometimes contradictory range of political commitments. Usually, student organizations and movements find grounding and inspiration in Anarchism and Marxism, however it is also common to see movements leaning towards liberal and conservative approaches. Hence, student political action has not always been aligned with social movements or organizations from the political left. In various moments in history students have joined or been linked to rightist movements, reactionary organizations and conservative parties (Altbach, 1966; Barker, 2008). Students, unlike workers, come from different social classes and seemly different cultural backgrounds. As a particularly diverse social group, students are distinguished for being heterogeneous and pluralists in their values, interests and commitments (Boren, 2001). Such diversity has been a constant challenge for maintaining unity, which has been particularly problematic in cases of national or transnational student organizations (Prusinowska, Kowzan, and Zielińska, 2012; Somma, 2012). To clarify, social classes are defined by the specific relationship that people have with the means of production. In the case of students, they are not a social class by themselves, but a social layer or social group that is identifiable by their common function in society (Stedman, 1969). The main or central aspect that unites student is the transitory social condition of being a student. In other words, students are a social group who have a common function, role in society or social objective, which is “to study” something (Lewis, 2013; Simons and Masschelein, 2009). Student movements can be understood as a form of social movement (LuesherMamashela, 2015). They have an internal organization that varies from traditionally hierarchical structures, organizational schemes based on representative democracy with charismatic leadership, to horizontal forms of decision-making (Altbach, 1966; Lipset, 1969). As many other movements, student movements have standing claims, organize different type of actions, tactics or repertoires of contention, 3 and they advocate for political, social or/and educational agendas, programs or pleas.
Student protest combats racial inequality by sparking national dialogue and movements
Curwen 15 Thomas Curwen, Jason Song and Larry Gordon (reporters), "What's different about the latest wave of college activism," LA Times, 11/18/2015 AZ
Although some of the strategies may seem familiar, it is the speed and the urgency of today's protests that are different. "What is unique about these issues is how social media has changed the way protests take place on college campuses," said Tyrone Howard, associate dean of equity, diversity and inclusion at UCLA. "A protest goes viral in no time flat. With Instagram and Twitter, you're in an immediate news cycle. This was not how it was 20 or 30 years ago." Howard also believes that the effectiveness of the actions at the University of Missouri has encouraged students on other campuses to raise their voices. "A president stepping down is a huge step," he said. "Students elsewhere have to wonder, 'Wow, if that can happen there, why can't we bring out our issues to the forefront as well?'" Shaun R. Harper, executive director of the University of Pennsylvania's Center for the Study of Race and Equity in Education, agrees. The resignation of two top Missouri administrators, Harper said, showed students and athletes around the country that they have power they may not have realized before. The protests show "we're all together and we have the power to make the change we deserve," said Lindsay Opoku-Acheampong, a senior studying biology at Occidental. "It's affirming," said Dalin Celamy, also a senior at the college. "It lets us know we're not crazy; it's happening to people who are just like you all over the country." Celamy, along with other students, not only watched the unfolding protests across the country, but also looked to earlier protests, including an occupation of an administrative building at Occidental in 1968. Echoes of the 1960s in today's actions are clear, said Robert Cohen, a history professor at New York University and author of "Freedom's Orator," a biography of Mario Savio, who led the Free Speech Movement at UC Berkeley in the 1960s. "The tactical dynamism of these nonviolent protests and the public criticism of them are in important ways reminiscent of the 1960s," Cohen said. "Today's protests, like those in the '60s, are memorable because they have been effective in pushing for change and sparking dialogue as well as polarization." Although the targets of these protests are the blatant and subtle forms of racism and inequity that affect the students' lives, the message of the protests resonates with the recent incidents of intolerance and racial inequity on the streets of America. There is a reason for this, Howard said. Campuses are microcosms of society, he said, and are often comparable in terms of representation and opportunity. "So there is a similar fight for more representation, acceptance and inclusion." The dynamic can create a complicated and sensitive social order for students of color to negotiate. "Latino and African American students are often under the belief if they leave their community and go to colleges, that it will be better," Howard said. "They believe it will be an upgrade over the challenges that they saw in underserved and understaffed schools. But if the colleges and universities are the same as those schools, then there is disappointment and frustration." In addition, Howard said, when these students leave their community to go to a university, they often feel conflicted. "So when injustice comes up," he said, "they are quick to respond because it is what they saw in their community. On some level, it is their chance to let their parents and peers know that they have not forgotten the struggle in the community." On campuses and off, Harper, of the University of Pennsylvania center, finds a rising sense of impatience among African Americans about social change. "As a black person, I think black people are just fed up. It's time out for ignoring these issues," he said. While protests in the 1960s helped create specific safeguards for universities today, such as Title IX, guaranteeing equal access for all students to any educational program or activity receiving federal financial assistance, a gap has widened over the years between students and administrators over perceptions of bias. Institutions often valued for their support of free speech find themselves wrestling with the prospect of limiting free speech, but to focus on what is or isn't politically correct avoids the more important issue, Cohen said: whether campuses are diverse enough or how to reduce racism. Occidental student Raihana Haynes-Venerable has heard criticism that modern students are too sensitive, but she argues that subtle forms of discrimination still have a profound effect. She pointed to women making less than men and fewer minorities getting jobs as examples. "This is the new form of racism," she said.
Thus the plan –
Resolved: Public colleges and universities in the United States ought not restrict constitutionally protected speech to free speech zones.
Free speech zones limit student discourse and should be prohibited
Hudson 16 (David L. Hudson Jr. is a First Amendment expert and law professor who serves as First Amendment Ombudsman for the Newseum Institute’s First Amendment Center. He contributes research and commentary, provides analysis and information to news media. He is an author, co-author or co-editor of more than 40 books, including Let The Students Speak: A History of the Fight for Free Expression in American Schools (Beacon Press, 2011), The Encyclopedia of the First Amendment (CQ Press, 2008) (one of three co-editors), The Rehnquist Court: Understanding Its Impact and Legacy (Praeger, 2006), and The Handy Supreme Court Answer Book (Visible Ink Press, 2008). He has written several books devoted to student-speech issues and others areas of student rights. He writes regularly for the ABA Journal and the American Bar Association’s Preview of United States Supreme Court Cases. He has served as a senior law clerk at the Tennessee Supreme Court, and teaches First Amendment and Professional Responsibility classes at Vanderbilt Law School and various classes at the Nashville School of Law), "How Campus Policies Limit Free Speech," Huffington Post, 6/1/2016 AZ
Restricting where students can have free speech
In addition, many colleges and universities have free speech zones. Under these policies, people can speak at places of higher learning in only certain, specific locations or zones. While there are remnants of these policies from the 1960s, they grew in number in the late 1990s and early 2000s as a way for administrators to deal with controversial expression. These policies may have a seductive appeal for administrators, as they claim to advance the cause of free speech. But, free speech zones often limit speech by relegating expression to just a few locations. For example, some colleges began by having only two or three free speech zones on campus. The idea of zoning speech is not unique to colleges and universities. Government officials have sought to diminish the impact of different types of expression by zoning adult-oriented expression, antiabortion protestors and political demonstrators outside political conventions. In a particularly egregious example, a student at Modesto Junior College in California named Robert Van Tuinen was prohibited from handing out copies of the United States Constitution on September 17, 2013 - the anniversary of the signing of the Constitution. Van Tuinen was informed that he could get permission to distribute the Constitution if he preregistered for time in the “free speech zone.” But later, Van Tuinen was told by an administrator that he would have to wait, possibly until the next month. In the words of First Amendment expert Charles Haynes, “the entire campus should be a free speech zone.” In other words, the default position of school administrators should be to allow speech, not limit it. Zoning speech is troubling, particularly when it reduces the overall amount of speech on campus. And many free speech experts view the idea of a free speech zone as “moronic and oxymoronic.” College or university campuses should be a place where free speech not only survives but thrives.
Free speech zones prevent students from debating
Maloney, 10/13
Cliff Maloney Jr is the executive director at Young Americans for Liberty. “Colleges Have No Right To Limit Students’ Free Speech” October 13, 2016 http://time.com/4530197/college-free-speech-zone/
University campuses are now home to a plethora of speech restrictions. From sidewalk-sized “free-speech zones” to the criminalization of microaggressions, America’s college campuses look and feel a lot more like an authoritarian dictatorship than they do the academic hubs of the modern free world. When rolling an inflated free-speech ball around campus, students at the University of Delaware were halted by campus police for their activities. A Young Americans for Liberty leader at Fairmont State University in West Virginia was confronted by security when he was attempting to speak with other students about the ideas he believes in. A man at Clemson University was barred from praying on campus because he was outside of the free-speech zone. And a student at Blinn College in Texas abolished her campus’ free-speech zone in a lawsuit after administrators demanded she seek special permission to advocate for self-defense. How have we let this happen in America, the land of the free? It’s because of what our universities have taught a generation of Americans: If you don’t agree with someone, are uncomfortable with an idea, or don’t find a joke funny, then their speech must be suppressed. Especially if they don’t politically agree with you. Instead of actually debating ideas that span topics from the conventional to the taboo, a generation of American students don’t engage, they just get enraged. In doing so, many students believe that they have a right to literally shut other people up. This is not only a threat to the First Amendment, but also to American democracy. In their manifestation, safe spaces and free-speech zones at public universities enable prejudice against unfavorable ideologies. Guised as progressive measures to ensure inclusion, these often unconstitutional policies exclude new and competing ideas, and are antithetical to a free academia. In excluding different ideologies, supposedly progressive campus speech codes do one thing: prevent the progression of ideas. Restrictive campus speech codes are, in fact, regressive.
The First Amendment protects only public discourse
Weinstein 11 – James Weinstein, Amelia D. Lewis Professor of Constitutional Law, Sandra Day O'Connor College of Law, Arizona State University: 2011(PARTICIPATORY DEMOCRACY AS THE CENTRAL VALUE OF AMERICAN FREE SPEECH DOCTRINE, Virginia Law Review Vol 97:3 p.3, Available at https://web.law.asu.edu/Portals/31/Weinstein_UVA_May_2011.pdf Accessed on 12/14/16)IG
As Professor Robert Post's pioneering work has demonstrated, this extremely rigorous protection applies primarily within the do- main of "public discourse." Public discourse consists of speech on matters of public concern, or, largely without respect to its subject matter, of expression in settings dedicated or essential to democratic self-governance, such as books, magazines, films, the internet, or in public forums such as the speaker's corner of the park. It is in this realm that the people-the ultimate governors in a democracy-can freely examine and discuss the rules, norms, and conditions that constitute society. Precisely because public discourse in the United States is so strongly protected, however, the realm dedicated to such expression cannot be conceived as covering the entire expanse of human expression. Just as it is imperative in a democracy to have a realm in which any idea, practice, or norm can be questioned as vituperatively as the speaker chooses, there must be other settings in which the government may efficiently carry out the results yielded by the democratic process. Accordingly, in set- tings dedicated to some purpose other than public discourse-such as those dedicated to effectuating government programs in the government workplace," to the administration of justice in the courtroom," or to instruction in public schools the government has far greater leeway to regulate the content of speech. It is not just the content of the speech that determines whether the expression will be highly protected as public discourse, but also the setting or medium in which the expression occurs." In modern democratic societies, certain modes of communication form "a structural skeleton that is necessary, although not sufficient, for public discourse to serve the constitutional value of democracy”. For this reason, "it is assumed that if a medium is constitutionally protected by the First Amendment, each instance of the medium would also be protected." The importance of the medium in which a given instance of speech occurs to democratic self- governance is, in my view, the best explanation of why the Su- preme Court rigorously protects nudity in film and cable television-media that are in its view part of the "structural skeleton" of public discourse-but not in live performances by erotic dancers on the stage of a "strip club."
Free speech zones and no protest zones infringe on protected speech and shut down impromptu uprising which disarms the most effective form of resistance and forces reform efforts to bend to the will of the established system
Mitchell 03 - Don Mitchell, Distinguished Professor of Geography at Syracuse’s Maxwell School: 2003 (“The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced” Stanford Agora Vol. 4 p.36-37 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf Accessed on 12/11/16)IG
In the end, a federal judge upheld the city’s position, seeing no illegitimate abridgement of protesters’ rights in the City’s establishment of a no protest zone. The judge stated, plainly enough, that “free speech must sometimes bend to public safety.”150 In this case it had to bend for 50 blocks, and right out of downtown – even though in Madsen, the court had found a 36 foot exclusion zone to be reasonable but both a 300 foot zone in which approaching patrons and workers of clinics, and a 300 foot no-protest zone around residences of clinic workers to be too great a burden on free speech, ordering a much smaller no-protest bubble to be drawn.151 Given this sort of spatial specificity in the Supreme Court’s decision, it seems unlikely that such a large protest exclusion zone could withstand scrutiny. But there is another issue at work too. The judge in Seattle supported the City’s contention that sanctioned protest was acceptable. The no-protest zone was necessary because of impromptu protests. But, of course, the very effectiveness of the Seattle protests was their (apparent) spontaneity.152 That is what caught the media’s – and the public’s – imagination; and that is what allowed for the massive upsurge of political debate, in the U.S. and around the world, that followed. Perhaps, tactically, Seattle’s “mistake” was to not establish designated protest and no-protest zones in advance of the meetings. Such a move had been effective in the 1996 Democratic and Republican Conventions (and in earlier ones too). And in subsequent years and events it has become standard practice, as with the 2000 National Conventions, the annual meetings of the World Bank and International Monetary Fund in Washington, and the World Economic Forum meeting in New York in February 2002, where protesters are kept out of certain areas by fences, barricades and a heavy police presence.153 In the case of the 2000 Democratic National Convention in Los Angeles, it was the protesters who were fenced off, with the City establishing an official “protest zone” in a fenced parking lot a considerable distance from the convention site.154 The rationale, of course, was “security,” a rationale backed by appeals to the authority of the Secret Service. The ACLU, among others, sued the city, eventually winning a decision that invalidated the city’s plans. The city was forced to establish a protest zone closer to the convention center, with the judge chiding the City of Los Angeles for failing to consider the First Amendment when it established the rules for protest and security around the event. “You can’t shut down the 1st Amendment about what might happen,” the judge said. “You can always theorize some awful scenario.”155 This victory should not be considered very large. Its effect, and the effect of other cases like it, has largely reduced the ACLU and other advocates of speech rights to arguing the fine points of geography, pouring over maps to determine just where protest may occur. Protesters are put entirely on the defensive, always seeking to justify why their voices should be heard and their actions seen, always having to make a claim that it is not unreasonable to assert that protest should be allowed in a place where those being protested against can actually hear it, and always having to “bend” their tactics – and their rights – to fit a legal regime that in every case sees protest subordinate to “the general order” (which, of course, really means the “established order”).
