To modify or delete round reports, edit the associated round.
Cites
Entry
Date
Contact Info
Tournament: Contact Info | Round: 1 | Opponent: Contact Info | Judge: Contact Info FB Message or email me for disclosure I upload only cites bc I think that if someone wants to steal my cards, they should at least read the literature base first. hmu if you cant find an article or book or if you plan on reading disclosure theory fkaiyom@gmail.com
2/23/17
Disclosure Underview
Tournament: Cal | Round: 1 | Opponent: Dougherty Valley DS | Judge: Sean Fahey All debaters with awareness and access to the NDCA 16-17 LD Wiki, located at “hsld.debatecoaches.org”, must disclose all positions on said wiki 12 hours after breaking it. All disclosure must occur on one’s own wiki page including the tags citation, and first and last three words of each card.
2/18/17
JanFeb Academic Freedom AC
Tournament: Churchill | Round: 2 | Opponent: Reagan JG | Judge: Tagalog I affirm Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.
The value is morality because ought means a moral obligation.
The resolution is a question of academic freedom. The present convolution around liberty has always been ambiguous and constantly challenged. In order to solve the moral problems in universities, we need to maximize academic freedom, thus the criterion is maximizing academic freedom. Demaske 2k16 Demaske, Chris (2016). “Not Just A Nice Job Perk”: Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53. Much as journalists frequently assert that they have a “right to know,” scholars AND to argue for a more complex and constitutionally grounded conception of academic freedom.
Free speech is a pre-requisite to any morality- without it self-realization is impossible. Eberle 94 Eberle, Law @ Roger Williams, 94 (Wake Forest LR, Winter) The Court's decision in R.A.V. reaffirms the preeminence of free AND Accordingly, any suspicion or evidence of governmental censorship must be vigilantly investigated.
Observation 1
Hate speech is not constitutionally protected: there are exceptions to the first amendment for harmful types of speech, I don’t defend the non-restriction or protection of harmful speech Usccourts.gov United States Courts, xx-xx-xxxx, "What Does Free Speech Mean?," http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does Freedom of speech does not include the right: To incite actions that would harm AND Morse v. Frederick, U.S. (2007)
Thus if the negative says restrictions of hate speech are good, that doesn’t mean anything since it is not protected speech and thus out of the purview of speech that the resolution makes me defend. They have to win that restrictions on constitutionally protected speech are good to win.
Contention 1 is Academic Freedom
Universities can crack down even on students and professors with no explanation – this destroys critical thought and expression. Fiorillo 15 (CCP Adjunct Professor, Black Lives Matter Activist Suspended After Speaking at Rally Divya Nair to face a disciplinary hearing this week. A Change.org petition to reinstate her has over 270 signatures. BY VICTOR FIORILLO , OCTOBER 14, 2015, http://www.phillymag.com/news/2015/10/14/professor-suspended-black-lives-matter-divya-nair/) Last Thursday, at a rally initiated by the Revolutionary Student Coordinating Committee, PHL AND adjunct faculty member, and they think they can get rid of her.”
Public colleges and universities almost always win their cases and thus can get whoever they want punished. Even though by definition of the first amendment, scholars are protected, the court always interprets cases to favor institutions. UIUC Journal of Law 2k16 University of Illinois at Urbana-Champaign. "First Amendment offers scant protection for professors." ScienceDaily. ScienceDaily, 9 May 2016. www.sciencedaily.com/releases/2016/05/160509191016.htm A new study by a University of Illinois employment law expert determined that the First AND than what it is -- a laboratory of thought, experimentation and speech.".
Speech restrictions are an oppressive means to control thought production, and although they start with justified limits, admins can bend the rules to use those limits to silence any speech. Allowing for any restrictions leaves this opportunity open and we already know that the admins always win. This destroys student’s potential to truly learn or create change. America has no future when colleges suppress thought. Wogulis 9 Daniel Wogulis December 15, 2009, 12-15-2009, "On the Consequences of Oppressing Free Speech," FIRE, https://www.thefire.org/on-the-consequences-of-oppressing-free-speech/ Since its inception, the United States of America has been the site of vicious AND to freely express themselves-in all places, and at all times.
The solution is non-restriction and thus preservation of academic freedom, this is the gateway to philosophical thought and moral education itself. Only a blanket protection solves, individual instances don’t get rid of the overarching idea that admins can do what they want. Demaske 2 Demaske, Chris (2016). “Not Just A Nice Job Perk”: Academic Freedom As A First Amendment Right, Democratic Communiqué, vol. 27. 2015/2016 pp. 31–53. Given the financial pressures on higher education, and the most recent U.S AND new category of speech should receive the utmost protection under the First Amendment.
Contention 2 is Moral Necessity
Free speech facilitates the development of moral reasoning- restrictions should be rejected on face Dwyer 01 (Susan, Phil@Maryland, Nordic Journal of Philosophy, Vol. 2, No. 2 ® Philosophia Press 2001) Direct Nonconsequentialism Let us return to the central topic: free speech. From the AND free speech in one place, we strengthen (protect) it everywhere.
Even consequentially, Free speech is a gateway to every other impact. D’Souza 96 (Frances, Prof. Anthropology Oxford, http://www.europarl.europa.eu/hearings/19960425/droi/freedom_en.htm?textMode=on) In the absence of freedom of expression which includes a free and independent media, AND is needed to re-inforce government policies and intentions at every turn.
Contention 3 is Failure of Restriction
Restrictions of hate speech are part of a demand for progress that does nothing productive and only anger the masses. Universities become echo chambers where only some voices are sheltered. This creates no change and only hides the reality of America while simultaneously only creating backlash from other voices. Trump’s election and its aftermath prove how we use restrictions to hide ourselves from the reality of other viewpoints. Kristof 16 Nicholas Kristof, 12-10-2016, "The Dangers of Echo Chambers on Campus," New York Times, http://www.nytimes.com/2016/12/10/opinion/sunday/the-dangers-of-echo-chambers-on-campus.html?_r=0 After Donald Trump’s election, some universities echoed with primal howls. Faculty members canceled AND correcting that is for us liberals to embrace the diversity we supposedly champion.
Allowing for freedom of discussion solves better for issues of hate speech. ACLU 16 American Civil Liberties Union, Hate Speech On Campus, https://www.aclu.org/other/hate-speech-campus Where racist, sexist and homophobic speech is concerned, the ACLU believes that more AND , possibly change them, and forge solidarity against the forces of intolerance.
Hate speech does not correlate to violence and hate speech restrictions actually increase hate. Telling racists to stop talking only pushes the problem out of our sight while making racists more angry. Heinze 14 Eric Heinze, Nineteen arguments for hate speech bans – and against them, Free Speech Debate, 3/31/14, http://freespeechdebate.com/en/discuss/nineteen-arguments-for-hate-speech-bans-and-against-them Here too, within the LSPD model, no statistically reliable causation from patterns of AND as hate groups routinely tailor their responses to the existing bans and penalties.
Even if they win that restrictions are good, again that’s not a reason to negate. Hate speech is not constitutionally protected since it threatens freedom and safety. Furthermore, the state shouldn’t restrict speech, but rather fight back with arguments. This can actually create change whereas restricting free speech can undercut freedom itself and lead to backlash. West 2k13 Robin, 4-8-2013, "Coercion and Persuasion and Speech: A Comment on Corey Brettschneider’s book, When the State Speaks, What Should it Say?," https://concurringopinions.com/archives/2013/04/coercion-and-persuasion-and-speech-a-comment-on-corey-brettschneidere28099s-book-when-the-state-speaks-what-should-it-say.html#more-73298 prof. Georgetown Law The state should in effect counter hateful speech with argument – argument that those beliefs AND just a few questions regarding the overall project which might suggest friendly amendments.
1/18/17
JanFeb Agonism AC
Tournament: Stanford | Round: 4 | Opponent: Harvard Westlake AM | Judge: Ellen Ivens Duran Framework
Answering the question of how political institutions or policies should be formed is fundamentally a question of justification – government must be responsive to the interests of citizens and must be justifiable to them. MARTIN RHONHEIMER Prof Of Philosophy at The Pontifical University of the Holy Cross in Rome. “THE POLITICAL ETHOS OF CONSTITUTIONAL DEMOCRACY AND THE PLACE OF NATURAL LAW IN PUBLIC REASON: RAWLS’S “POLITICAL LIBERALISM” REVISITED” The American Journal of Jurisprudence vol. 50 (2005), pp.1-70 It is a fundamental feature of political philosophy to be part of practical philosophy. AND ruled, but who potentially at the same time are also the rulers.
Equality is an axiom of political theory. Any political arrangement that makes some worse-off would not be acceptable to them, and would be rejected. In order to justify a political arrangement, it is necessary to combat hegemonic power relations because they make any political order unacceptable to those the power relation harms. This creates a dilemma since people have different views, meaning that the government cannot rely on moral truths to rule. Rawls 97 Emeritus Professor of Philosophy, Harvard University “The Idea of Public Reason Revisited” The University of Chicago Law Review, Vol. 64, No. 3 (Summer, 1997), pp. 765-807. The idea of public reason, as I understand it,' belongs to a AND a suitable idea of public reason is a concern that faces them all.
However, agonistic democracy can form the basis of a mutually acceptable political arrangement. Allowing equal, vibrant participation in democracy makes exclusions visible and contestable – even if exclusions are inevitable, this model is the best way to make them as just as possible Wingenbach 11 – Ed, Notre Dame Government and international studies, PhD (“Institutionalizing Agonistic Democracy,” pg 190-198) Third, because Knops ignores the situated source of antagonism and the persistence of hegemony AND opened up to greater contestation, generosity, and active re-constitution.
The standard is preserving avenues for agonistic democratic participation.
Democratic participation is instrumentally necessary to ensure citizens’ interests are met – the forum itself is the source of public value because the public ought to decide what counts as valuable Festenstein 05 , Matthew. “Dewey’s Political Philosophy.” The Stanford Encyclopedia of Philosophy. Feb 9, 2005. At the minimum, for Dewey, democracy involves the expression of interests on the AND , much democratic politics will not take the form of such questioning.
2. Democratic participation is key to create policies that benefit people – it’s key to achieve any other social good Anderson 06 Anderson, Elizabeth. “The Epistemology of Democracy” Episteme: A Journal of Social Epistemology, Volume 3, Issue 1-2, 2006, pp. 8-22 (Article) Published by Edinburgh University Press. Dewey’s experimentalist model enables a fairly fine-grained assessment of the epistemic powers of AND independent associations of citizens by forbidding independent political parties and assemblies of citizens.
Contention
Contention 1 is Civic Engagement
A lack of democratic participation has resulted in elite governments disconnected from their constituents’ experiences - an ethos of democratic participation is key to fair representation and social justice and is best inculcated by colleges and universities Thomas and Benenson 16 “The Evolving Role of Higher Education in U.S. Democracy” Opening Essay: Volume 5, Issue 2, eJournal of Public Affairs aT The higher education community has long accepted that colleges and universities serve two distinct but AND to the solution of social problems and to the administration of public affairs.”
Political participation is key to deliberation to reformulate government policy and social movements against injustice – protections must be content-neutral Tsesis 14 Alexander, Professor of Law, Loyola University Chicago School of Law “Free Speech Constitutionalism” 2014 is last date cited AT Oral and written deliberations facilitate the relationship between individual constituents and the polity. Speech AND through creative endeavors, associations, and day-to-day conversations.
Contention 2 is solvency
Campuses are the cornerstone of open dialogue – ending speech restrictions is key to retain their role in protecting American civic life Maloney 16 (Cliff Maloney, Jr., ) Colleges Have No Right to Limit Students' Free Speech, TIME Oct. 13, 2016 AT In grade school, I learned that debate is defined as “a discussion between AND of ideas. Restrictive campus speech codes are, in fact, regressive.
The status quo is locked into expert-led forms of dialogue that privilege elite viewpoints – the aff’s deliberationist model is key to revitalize dialogue and combat apathy – colleges are a key site Carcasson 13 Martín Carcasson, Ph.D. Colorado State University, Rethinking Civic Engagement on Campus: The Overarching Potential of Deliberative Practice Prepared for the Kettering Foundation Project #35.13.00 July 1, 2013 AT Advocacy is not inherently problematic, and high-quality advocacy is certainly possible. AND be introduced, but its place on campus is more difficult to place.
Colleges are the key site of First Amendment activity – it’s key to academic inquiry which supports students’ abilities to filter through bad arguments Hall 2 (Kermit L., CONTRIBUTING WRITER, ) Free Speech On Public College Campuses Overview, The First Amendment Center 9-13-2002 AT Free speech at public universities and colleges is at once the most obvious and the AND for their academic freedom and the goal of unfettered inquiry that animates it.
2/12/17
JanFeb Anti-Ethics AC
Tournament: Harvard Westlake | Round: 3 | Opponent: Chaminade | Judge: Eli Smith Anti-Ethics 1AC
I affirm Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.
First is Resolution Framing
The standard is minimizing racism because challenging institutional racism is the prior ethical question— racism violates all conceptions of morality, justice, and what it means to be human. Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165 The struggle against racism will be long, difficult, without intermission, without remission AND . True, it is a wager, but the stakes are irresistible.
analytic
Links
Restrictions on speech are inherently oppressive. The status quo’s movement towards silencing protest with things like free speech zones has proven to reaffirm whiteness. Any restriction can be bent to silence dissent. Elmer and Opel 8 (Greg Elmer, associate professor of communication and culture at Ryerson University, PhD in communication from the University of Massachusetts at Amherst, director of the Infoscape Research Lab at Ryerson University, Andy Opel, associate professor of communication at Florida State University, PhD in mass communication from the University of North Carolina, member of the International Communication Association, November 2008, “Preempting Dissent: The Politics of an Inevitable Future,” pages 29-41, GENDER MODIFIED) SHORTLY AFTER THE LARGE-SCALE PROTESTS against the World Trade Organization in Seattle in AND political compliance as it is a technique for reducing actual risks and dangers.
2. Restrictions’ politics of safety kills radical demands-they are manipulated to uphold the safety of people in power and causes an identification with victimization that papers over power struggles-this form of anti-risk politics inevitably results in reformism as the safest political strategy-safety is constructed against the endemic violence of white civil society. Wang 2012 Jackie. JackieWang is a Ph.D student in African and African American Studies at Harvard University, a writer, poet, musician, and academic whose writing has been published by Lies Journal, Semiotext(e), and numerous zines. “Against Innocence: Race, Gender, and the Politics of Safety.” Lies: A Journal of Materialist Feminism. Volume 1. 2012. Pg. 145-173. The discursive strategy of appealing to safety and innocence is also enacted on a micro AND , and — above all — are constituted by this repetition of violence.
3. Reformism reaffirms racism: Restrictions on speech represent a false hope for reform in civil society, Optimism regarding society reifies the rationale of institutions which can never be ethically redeemable for blackness- -time does not progress but accumulates and repeats -from the slave system to the prison system-black death and enslavement are endemic features of civil society which are covered up and only mutated by reforms -means it’s try or die for pessimism- Black agency is found within a refusal of civil society Dillon 2013 Stephen. Stephen Dillon, assistant professor of Queer Studies at Hampshire College, holds a B.A. from the University of Iowa and a Ph.D. in American Studies with a minor in Critical Feminist and Sexuality Studies from the University of Minnesota. “Fugitive Life: Race, Gender, and the Rise of the Neoliberal-Carceral State.” Ph.D Dissertation. https://conservancy.umn.edu/bitstream/handle/11299/153053/Dillon_umn_0130E_13833.pdf?sequence=1. SH In one of the first lines of the film, a state newscaster covering the AND what the future will be. The future will be what was before.
4. Abstract Ethics Fail. Saying “we ought to engage in something” implies a moral obligation that the black thinker does not have access to because the world is framed by white supremacy. Curry 13 Curry, Tommy J. doctor in Associate Professor of Philosophy, Affiliated Professor of Africana Studies, Texas A and M University In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical. 2013. Ought implies a projected (futural) act. The word commands a deliberate action AND what possibility the world allows Blacks to contemplate under the idea of ethics.
The impact
is white supremacy, a global modality of genocidal violence – Slavery may have ended in name, but its operational logic continues to fester. Reformist measures simply provide fuel for Whiteness eradicating everything else Rodriguez ’11 (Dylan, PhD in Ethnic Studies Program of the University of California Berkeley and Associate Professor of Ethnic Studies at University of California Riverside, “The Black Presidential Non-Slave: Genocide and the Present Tense of Racial Slavery”, Political Power and Social Theory Vol. 22, pp. 38-43) To crystallize what I hope to be the potentially useful implications of this provocation toward AND while well over a million Black people are incarcerated with the overwhelming consent of
Thus the advocacy
I affirm that public colleges and universities in the United States ought not restrict constitutionally protected speech as a general principle, I reserve the right to clarify in CX
The demand for ethical action in our debates plays within anti-black structures and can never overcome its unethical violence-a truly liberatory movement requires an anti-ethics which recognizes the impossibility of redeeming whiteness through ethical action. Curry 2 Curry, Tommy J. doctor in Associate Professor of Philosophy, Affiliated Professor of Africana Studies, Texas A and M University In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical. 2013. Anti-ethics; the call to demystify the present concept of man as illusion AND , the debasement of melaninated bodies and nigger-souls, is totalizing.
1/15/17
JanFeb Refusal AC
Tournament: Cal | Round: Triples | Opponent: Westwood JA | Judge: Stolte, Maruri, Sims the Role of the Ballot is to endorse the best methodology for decolonization. Settler colonialism is a global phenomenon that provides the impetus and structure that produces indigenous, racial violence, and neoliberalism. Anti-Settlerism requires a politics that is incommensurate with the modern world structure, any alternative that does not foreground anti-settlerism represents a compromise that only re-entrenches settlerism at home and abroad. Tuck and Yang 12 (Decolonization is Not a Metaphor, Decolonization: Indigeneity, Education and Society Vol. 1, No. 1, 2012, Eve Tuck State University of New York at New Paltz K. Wayne Yang University of California, San Diego) Incommensurability is an acknowledgement that decolonization will require a change in the order of the AND . Today, 85 of people incarcerated at Angola, die there.
The K
Indigenous scholarship is labeled as offensive and anti-semetic due to its criticism of Israel’s settlerist assaults on Palestine. This demonstrates how schools create legal ambiguity to silence whatever speech represents their individual desires. Restrictions show the settlerist roots of the academy. Shorter 15 David Shorter, 10-23-2015, "Academic Freedom Under Attack," Truthout, http://www.truth-out.org/speakout/item/33369-academic-freedom-under-attack Higher education's contribution to society rests upon the ability of educators to wrestle with challenging AND to criticize any government, indeed to be critical of any oppression anywhere.
The academy creates a single interpretation of the world and strict standards of how we speak and debate- this is the same logic the United States uses to colonize and erase indigenous knowledge in the pursuit of the “ideal pedagogy” – a forced reeducation and colonization of the mind Solyom and Brayboy 12 Jessica A. Solyom Ph.D. student in the Department of Justice and Social Inquiry at Arizona State University and Brian McKinley Jones Brayboy, enrolled member of the Lumbee tribe from North Carolina and is Associate Borderlands Professor in Culture, Society and Education in the School of Social Transformation at Arizona State University, Memento Mori: Policing the minds and bodies of indigenous Latinas/os in Arizona, California Western School of law, 42 Cal. W. Int'l L.J. 473 California Western International Law Journal Spring 2012 In the hands of skilled legislators and educational leaders, House Bill 2281, with AND presents serious implications for promoting the experience of historical trauma for Indigenous peoples.
The state has built colleges and universities to educate, but education for whom? Schools and Universities have historically been settler projects to eradicate Indigenous knowledge, furthering the settler colonial narrative of the “city upon a hill”—this settler colonial curriculum justifies war and genocide. We are miseducated from the start that indigenous dispossession is over, this is what roots and allows for violence. We are talking about the oldest restriction of free speech that builds the foundation of our institutions. Tuck and Gaztambide-Fernández 2013 Eve, Assistant professor of educational foundations at the State University of New York at New Paltz. Rubén A., Associate Professor at the Department of Curriculum at the University of Toronto. “Curriculum, Replacement, and Settler Futurity.” Journal of Curriculum Theorizing, Volume 29, Number 1, 2013. Pgs. 75-77. Accessed 2/18/16 here at: http://static1.squarespace.com/static/557744ffe4b013bae3b7af63/t/557f2fffe4b043c28125cd3e/1434398719056/Tuck+26+Gaztambide-FernC3A1ndez_Curriculum2C+replacement2C+and+settler+futurity.pdf The historical work of curriculum scholars like Douglas McKnight (2003), William Watkins ( AND destiny it to take the place of the savage in the promised land.
Thus I affirm the resolution: Public colleges and universities in the United States ought not restrict any constitutionally protected speech.
Refusal must be particular- grounding in historical analysis and attention to the present conditions is necessary to make transparent the coloniality of knowledge and its ethical limits. The act of bringing attention to the colonial roots of the academy is necessary and sufficient to disrupt the logic of the settler academy. Tuck and Yang 2014 Eve, assistant professor of educational foundations at the State University of New York at New Paltz. K. Wayne, assistant professor in Ethnic Studies at the University of California, San Diego. “R-Words: Refusing Research,” D. Paris and M. T. Winn (Eds.) Humanizing research: Decolonizing qualitative inquiry with youth and communities. Pages 243-244. Accessed 2/22/16 here at: http://static1.squarespace.com/static/557744ffe4b013bae3b7af63/t/557f2ee5e4b0220eff4ae4b5/1434398437409/Tuck+and+Yang+R+Words_Refusing+Research.pdf At this juncture, we don’t intend to offer a general framework for refusal, AND , sew into a prayer flag, or paste into your field notebooks.
2/20/17
NovDec Medal of Honor AC
Tournament: Alta | Round: Doubles | Opponent: Lynbrook NA | Judge: Panel NLM 1AC
I affirm Resolved: The United States ought to limit qualified immunity for police officers
Resolutional Framing
The value is justice because ought is “used to express justice.” That’s Random House 2k16. "ought". Dictionary.com Unabridged. Random House, Inc. 22 Jul. 2016. Dictionary.comhttp://www.dictionary.com/browse/ought.
The criterion is minimizing human suffering and subsequently death through youngs politics of differnce
Every person and institution has an obligation to minimize suffering. Util fails as it has no priorities rather we should have a universal effort to minimize suffering with an emphasis on structural impacts; power relations form many harms thus we should minimize those that are endemic to society first. Young 2010 Iris Marion. Professor of Political Science at the University ofx Chicago, affiliated with the Center for Gender Studies and the Human Rights program @ UChicago. Responsibility for Justice, published by Oxford University Press in 2010. pp.137-9 Some philosophers reject the claim that the scope of obligations of justice extends only to AND can maximize their ability to act jointly and minimize violent conflict among them.
The resolution is a question of limiting qualified immunity’s justice, so you vote aff as long as limiting qualified immunity is net just regardless of whether there are other more just options.
Part 1 is Police Brutality
Qualified Immunity, aka QI, is what fuels and allows for police brutality. We check our police with suits, and QI doesn’t even allow for that. It allows officers to feel safe acting in deadly ways by not allowing prosecution without a court precedent. This means victims of police brutality can rarely bring justice to their attackers. Then since officers are never held accountable, they can hurt as they please often with biases which reinforces social issues like racism. Thus, since limiting QI holds officers accountable, it reduces police brutality by destroying what it roots from- a lack of accountability. Wright 15 Sam Wright, 11-25-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. Recently, police have been killing and otherwise abusing people of color with what seems AND show that that conduct’s illegality has already been clearly established in the courts?
This is what the world hides: Part 2 is Settlerism
The power that maintains the disappearance of indigenous peoples. Settlers don't just erase indigenous people—but the settler as well—they forget the violent erasure of native people that founds and sustains us—Settlerism forgets the US’ ongoing role as a colonizer and allows it to completely erase its sins and Natives themselves. Henderson 15 Phil. Department of Political Philosophy at the University of Victoria. “Imagoed communities: the psychosocial space of settler colonialism,” published in SETTLER COLONIAL STUDIES. Pg 2-3. Accessible here at: http://dx.doi.org/10.1080/2201473X.2015.1092194, Reichle While colonialism is present as an historic fact within public consciousness, settler colonialism remains AND ‘everywhere that there are settler collectives, and it occurs constantly’. 13
The discussion of the resolution and police accountability CANNOT continue to ignore Native Americans. The problem for Native Americans is indeed one of accountability- the very thing that qualified immunity prevents. QI helps erase the indigenous by allowing officers to kill them with no repurcusions even being rewarded with the esteemed Medal of Honor. This is a continuation of a centuries old genocide. Moya-Smith 14 Simon Moya-Smith, 12-24-2014, "Who's most likely to be killed by police?," CNN, http://www.cnn.com/2014/12/24/opinion/moya-smith-native-americans/ As the country continues to debate police accountability and the all-too-routine AND only a little. We will still have a long way to go.
Addressing actual violence comes before abstract revolution since survival is a prerequisite to change. Stopping state violence at its root is just as critical as more abstract radical solutions to fixing settlerism. Jace WEAVER Director of the Inst. of Native American Studies Franklin Professor of Native American Studies and Religion @ Georgia ‘7 “More Light Than Heat The Current State of Native American Studies” American Indian Quarterly 31 (2) p.248-251 *NAS = Native American Studies In our histories, we know numerous warriors AND then will we stand a chance of consistently generating more light than heat.
I affirm Resolved: The United States ought to limit qualified immunity for police officers.
Framework
The value is justice because ought is “used to express justice.” That’s Random House 2k16. "ought". Dictionary.com Unabridged. Random House, Inc. 22 Jul. 2016. Dictionary.comhttp://www.dictionary.com/browse/ought.
The criterion is minimizing human suffering and subsequently death through youngs politics of differnce
Every person and institution has an obligation to minimize suffering everywhere-this is critical to promote justice. Util fails as it is too individualistic rather we should have a universal effort to minimize suffering with an emphasis on structural impacts; everyone has their own lives but our relationships form conflict and oppression thus we must all acknowledge that minimizing the suffering for everyone everywhere is our priority. Young 2010 Iris Marion. Professor of Political Science at the University ofx Chicago, affiliated with the Center for Gender Studies and the Human Rights program @ UChicago. Responsibility for Justice, published by Oxford University Press in 2010. pp.137-9 Some philosophers reject the claim that the scope of obligations of justice extends only to AND jointly and minimize violent conflict among them. Prefer the Young framework
analytics
Harms
Without limit, qualified immunity, otherwise known as QI, continues to silently expand making suits almost impossible- this turned qualified immunity into complete immunity. Kinports 16 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Fourth Amendment Commons This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact ram6023@psu.edu. Recommended Citation Kit Kinports, The Supreme Court's Quiet Expansion of Qualified Immunity, 100 Minn. L. Rev. Headnotes 62 (2016). FK In recent years, the Supreme Court opinions applying the qualified immunity defense have engaged AND government actors seeking immunity or the lower courts tasked with resolving their claims.
We check our police with suits, and QI doesn’t even allow for that. QI allows officers to feel safe acting in overaggressive ways by not allowing prosecution without a court precedent. This means victims of police brutality can rarely bring justice to their attackers. Then since officers are never held accountable, they feel comfortable relying hateful biases since there are essentially no risks for them. QI is what allows for police brutality. Jaworski 15 Michelle Jaworski, 3-12-2015, "Why do police officers keep killing unarmed black men?," Daily Dot, http://www.dailydot.com/via/police-killings-ferguson-unarmed-black-men/ FK Like Darren Wilson, all of the officers involved in these shootings were cleared of AND sticking police with some personal responsibility for their actions may actually save lives.
QI’s frivolous violence targets those facing persecution at the intersection of heteronormativity and racism; this means the ones who face police brutality are the ones that society already disproportionately harms. Lopez 2k16 German Lopez, 7-8-2016, "Police officers explain how they’re encouraged to act in racist ways," Vox, http://www.vox.com/2016/7/8/12128858/police-racism-officers-admit FK Some people are still skeptical that police really do have a race problem, despite AND that the criminal justice system deploys officers in a way that’s racially biased.
Police brutality leads to backlash from the oppressed. It’s a cycle of violence between police and the oppressed that doesn’t stop until relations improve. Yale 2k16 Yale study finds violence against police officers can trigger increased discrimination in police stops By Bess Connolly Martell September 19, 2016 http://news.yale.edu/2016/09/19/yale-study-finds-violence-against-police-officers-can-trigger-increased-discrimination-po FK A new Yale study has found that incidents of extreme violence against police officers can AND are an important contextual influence that frame subsequent interactions and trigger discriminatory behavior.
Thus the plan: The United States Supreme Court ought to limit qualified immunity for police officers by changing the “clearly established right” clause to asking whether the defendant’s conduct was “clearly unconstitutional.”
Limiting QI creates accountability for police officers; this reduces police brutality by destroying what it roots from. Wright 2k15 Sam Wright, 11-25-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. FK As usual, I’ve not buried the lede: that something is qualified immunity reform AND show that that conduct’s illegality has already been clearly established in the courts?
Solves accountability and thus violence and relations. De Stefan 16 De Stefan, Lindsey, "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 FK Altering the qualified immunity doctrine is an excellent way to begin the path to restoring AND surely be a long path to rebuilding the trust that is so crucial.
Resistance to bad governmental policies shouldn’t be limited to rejection – engaging larger institutions is key to effectuate real-world change – this is especially true because the aff is negative state action. Reversing the codification of structural harms is the way to alleviate those harms institutionally. Themba-Nixon 2K (Makani Themba-Nixon, “Changing the Rules: What Public Policy Means for Organizing,” Colorlines. Oakland: Jul 31, 2000. Vol. 3, Iss. 2; pg. 12) In essence, policies are the codification of power relationships and resource allocation. Policies AND should be. And then we must be committed to making it so.
The standard is deconstructing injustice. My justification is unique to debate - decision-making can be learned elsewhere; communication activities such as debate must forefront racial justice. We need spaces to become better activists: using the tools from debate to challenge institutional and interpersonal violence is far more productive than becoming another mouthpiece of the state through util or an abstraction from realities of oppression through deon. Hartnett 10 2010, Stephen John Hartnett is Professor and Chair of the Department of Communication at The University of Colorado Denver, “Communication, Social Justice, and Joyful Commitment”, Western Journal of Communication, Volume 74, Issue 1, 2010; pages 68-93 How curious, then, to realize that for many of our colleagues in the AND been to turn to European critical theorists, albeit with curious consequences. 5
2- The Critique
Welcome to the Nuclear Age, a time where energy comes at the cost of marginalized communities worldwide. A world of nuclear racism is created where we dump our deadly waste onto those we can’t see, indigenous people whose land we have already stolen. The impact is environmental racism – it’s a toxic genocide on the periphery and indigenous lands globally. Forget nuclear war, beneficiaries of nuclear power worldwide are nuking the marginalized. Chen 2k11 Michelle Chen, 3-23-2011, "The Radioactive Racism Behind Nuclear Energy," Colorlines, http://www.colorlines.com/articles/radioactive-racism-behind-nuclear-energy Michelle Chen is Colorlines' Global Justice columnist. She is a regular contributor on labor issues at In These Times, as well as a member of the magazine's Board of Editors. Michelle's reporting has appeared in Ms. Magazine, AirAmerica, Alternet, Newsday, the Progressive Media Project, and her old zine, cain. Prior to joining Colorlines, she wrote for the independent news collective The NewStandard. A native New Yorker, she has also conducted ethnographic research as a Fulbright fellow in Shanghai and checked coats at a West Village jazz club. She is currently pursuing doctoral studies at the City University of New York and co-producing the community radio program Asia Pacific Forum on P When the apocalyptic cloud erupted over Hiroshima and Nagasaki, the world woke up to AND the danger zone to the populations they see as less worthy of protection.
This is what the states of the modern world want to keep hidden--the power that maintains the disappearance of global indigenous peoples. It’s a colonizers trick where settlers don't just desire the disappearance of indigenous people—but require the disappearance of the settler as well—a forgetting of the violent erasure of native people that sets the foundation of states—Settler colonialism is a global system of oppression that demands a forgetting of the original violence of the state through appeals to protection and safety and allows that very violence to continue. Henderson 15 Phil. Department of Political Philosophy at the University of Victoria. “Imagoed communities: the psychosocial space of settler colonialism,” published in SETTLER COLONIAL STUDIES. Pg 2-3. Accessible here at: http://dx.doi.org/10.1080/2201473X.2015.1092194, Reichle While colonialism is present as an historic fact within public consciousness, settler colonialism remains AND ‘everywhere that there are settler collectives, and it occurs constantly’. 13
Thus I advocate the resolution as a means of deconstructing settler colonialism through a critique of nuclear power.
I embrace Asian American critique of settler colonialism which is the basis of conjoining global decolonization movements to domestic deimperialization—the deconstruction of settler colonialism requires the production of new knowledges that attack the stress points of global empire. As an immigrant who now reaps the benefits of colonization, I must acknowledge my position in settler colonialism. Fujikane 2k12 3/7/12, Candace Fujikane, “Asian American critique and Moana Nui 2011: securing a future beyond empires, militarized capitalism and APEC”, Volume 13, Issue 2, 2012 The etymological narrative that the United States is ‘home’ to Asian American studies is AND be part of a decolonizing and deimperializing force in Asia and the Pacific.
Justice a false dream without mapping out violence of settler colonialism though our perspectives. My method is exposing the injustice that shapes our place to achieve justice. Fujikane and Okamura 2k8 Fujikane, Candace, and Jonathan Y. Okamura. Asian Settler Colonialism: From Local Governance to the Habits of Everyday Life in Hawai'i. Honolulu: U of Hawai'i, 2008. Print. As the essays in this book map out the interlocking state apparatuses of colonial power AND justice for Native peoples and, by extension, for settlers as well.
The violence of settler colonialism underpins every debate and discussion of nuclear power. It is only through reiterative speech acts where settlers are presents that the violent erasures from settler colonialism can be challenged and deconstructed. Henderson 2 Phil. Department of Political Philosophy at the University of Victoria. “Imagoed communities: the psychosocial space of settler colonialism,” published in SETTLER COLONIAL STUDIES. Pg 12-13. Accessible here at: http://dx.doi.org/10.1080/2201473X.2015.1092194, Reichle Goeman writes as an explicit challenge to other indigenous peoples, but this holds true AND land serves as a powerful blockage of to the smoothness of this process.
