Tournament: Stanford | Round: 1 | Opponent: Monta Vista LH | Judge: Sean Fee
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
But, of course, the Supreme Court had considered New York’s law before –
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than ever if any effective right to free speech is to be retained.
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
As the preceding argument has indicated, the liberalization of free speech has not always
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space was only silenced through the strategic geography of the public forum doctrine.
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
The Gitlow decision, and after it the appeals court decision regarding William Epton,31 referenced Holmes’s words in Schenck, and tried to determine just what constituted a “clear and present danger.” But “the future embraced the Holmes of Abrams rather than the Holmes of Schenck.”32 In his dissent in Abrams, Holmes wrote this:
When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by the free trade in ideas – that the best test of truth is the power of the thought to get itself accepted in the market, and that truth is the only ground upon which their wishes can safely be carried out. That at any rate is the theory of our Constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophesy based upon imperfect knowledge. While that experiment is part of our system I think therefore we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.33
As remarkable and stirring as that passage is, it is also deeply problematic.
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a regime for which we are all, in fact, the poorer.
Education is increasingly driven by neoliberal forces – student activism is key to retake the political sphere and democratize elite education against market-driven logic
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
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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
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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
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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
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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
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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
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campuses should be a place where free speech not only survives but thrives.
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
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performances by erotic dancers on the stage of a "strip club."