Tournament: All | Round: 1 | Opponent: Aff | Judge:
DA 1.
Removing speech restrictions allows hate speech; it’s protected.
Volokh 15, Eugene Volokh, “No, there’s no “hate speech” exception to the First Amendment.” The Washington Post. May 7 2015. Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
I keep hearing
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of “hate speech.”
Absent restriction, hate speech increase is imminent.
Allam 16 Hannah Allam, “Welcome, America, to a new age of hate speech.” November 16 2016. McClatcyDC. http://www.mcclatchydc.com/news/politics-government/election/article115173413.html
Risking arrest and
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online news sites.
Hate speech precedes violence, leads to genocide.
Benesch 13 Susan Benesch (Project Director at World Policy Institute), Dangerous Speech along the path to Mass Violence. http://www.worldpolicy.org/content/dangerous-speech-along-the-path-to-mass-violence
Inflammatory public speech
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Yugoslavia, Egypt, and Kenya.
Hate speech causes fear and anxiety.
Van Heteren 97:Annette Gomis van Heteren, "Political Correctness in Context: The PC Controversy in America." Universidad Almerìa, Jan 1 1997.
A common defense
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serious psychological disturbance."
Causes longterm impairment.
Shonkoff et. al 2, Jack P. Shonkoff, M.D., chair Julius B. Richmond FAMRI Professor of Child Health and Development, Harvard School of Public Health and Harvard Graduate School of Education; Professor of Pediatrics, Harvard Medical School and Children’s Hospital Boston; Director, Center on the Developing Child, Harvard University =“Persistent fear and anxiety can affect young children’s learning and development,” National Scientific Council on the Developing Child, the Center for the Developing Child at Harvard. February 2010.
What science Tells
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Learning and Development
Prefrontal cortex development key for college students, longterm impacts for individuals.
Johnson et. al 09: ”Adolescent Maturity and the Brain: The Promise and Pitfalls of Neuroscience Research in Adolescent Health Policy” Sara B. Johnson, Ph.D., M.P.H, Robert W. Blum, M.D., Ph.D, and Jay N. Giedd, M.D. PMC, US National Library of Medicine, National Institutes of Health. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2892678/
Neural connections that
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20s or later
Continues
The prefrontal cortex
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and decision making.
Hate speech prevents speaking out against it and amplifies structural violence.
Gelber and McNamara 15 Gelber, K and McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, April 19 2016.
Interviewees reported a
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and their opinions.’
And, hate speech normalizes a discrimination and incites mental damage to victims.
Gelber and McNamara 2 Gelber, K and McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, April 19 2016.
First, the harms
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to be sustained.
Reinforces structural inequalities.
Smith 04: Circumventing the "True Threat" Standard in Campus Hate Speech Codes by Craig R. Smith California State University, Long Beach Craig R. Smith is Professor of Communication Studies and Director of the Center for First Amendment Studies at California State University, Long Beach. See his newest book, The Four Freedoms of the First Amendment (Waveland Press, 2004).
Words can reinforce
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Interaction in Marrett and Leggon, eds (1985) Research on Race and Ethnic Relations).
Hate speech has intrinsic harm, particularly against women
Horne 16 (Solveig, Minister of Children and Equality in Norway, “Hate Speech — A Threat to Freedom of Speech,” 03/08/2016, http://www.huffingtonpost.com/solveig-horne/hate-speech~-~-a-threat-to_b_9406596.html LADI)
Hate speech in
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against hate speech.
Hate conditions racism and incites mental damage to victims.
Gelber and McNamara Gelber, K and McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, April 19 2016.
First, the harms
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to be sustained.
The criterion is rejecting racism
Epistemology— it’s a prerequisite to evaluating other impact claims
Holloway 15 Kari, freelance writer and independent documentary film producer. Salon, “10 ways white people are more racist than they realize,” 3-4-15
Progressives like to
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whites experiencing pain.¶ 3.
Racism destroys our humanity, makes moral order impossible
Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165
The struggle against
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stakes are irresistible.
K 1.
Representations must precede policy discussion – they determine what is politically thinkable- you don’t get to weigh the case
Crawford 02 — (Neta, PhD MA MIT, BA Brown, Prof. of poli sci at boston univ. Argument and Change in World Politics, p. 19-21)
Coherent arguments are
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is a meta-argument.
A focus on disabled people is key to breaking down a larger system of ableism
Breckenridge 1(Carol Appadurai and Candace AVolger, “The Critical Limits of Embodiment: Disability's Criticism”, Public Culture, Volume 13, Number 3, Fall 2011)
Disability studies
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of mutual desire.
Body focus is the key enframing in this round—it privileges layers of analysis far too often ignored in contemporary academia.
Knoll 12, Kristine Knoll studies Gender and Women’s studies at the University of Washington, Feminist Disability Studies: Theoretical Debates, Activism, Identity Politics, and Coalition Building, https://digital.lib.washington.edu/researchworks/bitstream/handle/1773/20505/Knoll_washington_0250E_10341.pdf.txt?sequence=2
Alison Kafer also
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able-bodiedness on queerness.
We must use the educational space to empower disabled bodies
Anastasia Liasidou (“Inclusive education and critical pedagogy at the intersections of disability, race, gender and class”)
The following sections
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action to emerge.
The affirmative’s idealization of language as the main method of communication denies inclusion to those who are perceived to be “communicatively incompetent”
Simplican 09 (Stacy Simplican Michigan State University “Disabling Democracy: How Disability Reconfigures Deliberative Democratic Norms”, APSA 2009 Toronto Meeting Paper, 2009)
According to Habermas’s
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presumed communicative incompetence.
Ableism’s constitutional divide forms the blueprint for modernity – this culminates in genocidal violence and targeting of marginalized bodies – this violence can only maintain power through our silence
Campbell 8, Fiona Kumari is a Senior Lecturer in Disability Studies at the School of Human Services and Social Work Griffith University (Brisbane) and Adjunct Professor in Disability Studies, Faculty of Medicine, University of Kelaniya, Sri Lanka, Refusing Able(ness): A Preliminary Conversation about Ableism, http://journal.media-culture.org.au/index.php/mcjournal/article/viewArticle/46
Central to regimes
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to confer validity.
This illusory belief in language and the exclusion of the disabled leads to societal disembodiment and closes avenues for reflexive dialogue
Simplican 09 (Stacy Simplican Michigan State University “Disabling Democracy: How Disability Reconfigures Deliberative Democratic Norms”, APSA 2009 Toronto Meeting Paper, 2009)
Deliberative democrats have
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attentiveness and humility.
K 2.
Comedy doesn’t materially change anyone’s position and is only effective insofar as the dominant order remains intact – reinscribes CAPITALISM
Contu, phD, 08 (Alessia, Warwick Business School, “Decaf Resistance On Misbehavior, Cynicism, and Desire in Liberal Workplaces,” Management Communication Quarterly, vol. 21 no. 3 364-379)
Many studies on
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split introduced earlier.
You have an a priori ethical obligation to reject capitalism because it makes its victims anonymous.
Zizek and Daly 04
Glyn. Lecturer in International Studies at the University College Northampton; Slavoj Zizek, world famous philosophy on psychoanalysis and capitalism; Conversations with Žižek. 14-19
For Žižek it is
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consumerism and lifestyle.
Capitalism’s preoccupation with endless accumulation will result in total ecological destruction and extinction
Foster 11,John Bellamy Dec. 2011, Capitalism and the Accumulation of Catastrophe, Monthly Review, Vol. 63 Issue 07, http://monthlyreview.org/2011/12/01/capitalism-and-the-accumulation-of-catastrophe (Aug 2012)
Yet, the continued
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the twenty-first century.
The alternative is class analysis first
Mollow 4 Anna Mollow, "IDENTITY POLITICS ANDDISABILITY STUDIES:A CRITIQUE OF RECENT THEORY" University of Michigan Quarterly Review, 2004 quod.lib.umich.edu/cgi/t/text/text-idx?cc=mqr;c=mqr;c=mqrarchive;idno=act2080.0043.218;rgn=main;view=text;xc=1;g=mqrg
Treating disagreements about
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accommodations they secure. 9
Focusing on specific types of oppression, such as structural violence, obscures the underlying root causes, which turns the case.
Slavoj Zizek 99, Senior Researcher at the Institute for Social Studies, Ljubljana, 1999, The Ticklish Subject, page 352-355
The big news of
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runs his life.
NC 1.
The standard is willing consistency with freedom.
Respecting African Americans key to rectifying historical wrongs.
Wright and Rogers American Society: How It Really Works by Erik Olin Wright and Joel Rogers. August 2009. http://www.ssc.wisc.edu/~wright/ContemporaryAmericanSociety/Chapter201420~-~-20Racial20inequality~-~-Norton20August.pdf
Slavery ended with
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relations to the present.
And, prohibiting speech is a necessary hindrance of a hindrance.
Varden 10 Varden, Helga (University of Illinois at Urbana-Champaign). “A Kantian Conception of Free Speech” AMINTAPHIL: The Philosophical Foundations of Law and Justice 3, DOI 10.1007/978-90-481-8999-1_4, © Springer Science+Business Media B.V. 2010
Even if we
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of all citizens.
Weinrib Ernest Weinrib (Prof. of Law, University of Toronto). The Idea of Private Law (Harvard: Cambridge, 1995) 125.
Understood as an
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of the gain.
NC 2.
The standard is consistency with a Hobbesian social contract.
First is constructivism – truths and moralities are assertions constructed by persons not real properties of extralinguistic objects. This results in a struggle to define meaning that is the root cause of all violence.
PARRISH 04 Rick, “Derrida's Economy of Violence in Hobbes' Social Contract.” 1/5/16 6. Pg 4-7. Rick Parrish teaches at Loyola University New Orleans. His current research is focused on the play of violence and respect within justice. http://muse.jhu.edu/login?auth=0andtype=summaryandurl=/journals/theory_and_event/v007/7.4parrish.html
“For Hobbes truth
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a commonly-held definition.”
Only an absolute sovereign can unify conflicting assertions of value from individuals.
PARRISH 2: Rick, “Derrida's Economy of Violence in Hobbes' Social Contract.” 1/5/16 6. Pg 4-7. Rick Parrish teaches at Loyola University New Orleans. His current research is focused on the play of violence and respect within justice. http://muse.jhu.edu/login?auth=0andtype=summaryandurl=/journals/theory_and_event/v007/7.4parrish.html
All of the
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others are overcome.
Only submission to an absolute sovereign solves,
Renzo 11 Renzo, Massimo. “State Legitimacy and Self Defense.” Law and Philosophy. 4 May 2011. http://philpapers.org/rec/RENSLA
As Gregory Kavka
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state of nature.
I defend college campuses and universities in the United States restricting speech that foments dissent against the sovereign.
Negate: dissenting speech makes revolution possible. The sovereign must restrict dissenting speech on campuses to preserve its power.
Bejan 10 Bejan, Theresa M. (Yale University). “Teaching the Leviathan: Thomas Hobbes on education.” Oxford Review of Education. 36: 5, 2010. pp. 607–626.
University reform for
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unity of them all’ (Leviathan, 17:13, p. 109).
NC 3.
I negate and value morality.
First, only the GCB could cause the idea of a GCB, and we have this idea; so, the GCB must exist.
Kreeft and Tacelli 20 Arguments for the Existence of God. Handbook of Christian Apologetics by Peter Kreeft and Fr. Ronald Tacelli, SJ Intervarsity Press, 1994
These ideas must
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Therefore God the GCB exists.
A theory according to which the GCB exists is preferable because it has more explanatory power.
Spinoza: Spinoza. The Ethics. http://www.gutenberg.org/files/3800/3800-h/3800-h.htm
If, then, no
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destroy his their existence.
Thus, the standard is consistency with the GCB’s will.
Speech codes exist at several universities in violation of the Constitution but are tacitly tolerated. The status quo negates.
FIRE 17 Foundation for Individual Rights in Education. “State of the Law: Speech Codes.” 2017. Web. https://www.thefire.org/in-court/state-of-the-law-speech-codes/
FIRE defines a
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freedom of speech.
NC 4.
I negate and value morality.
Velleman: J David Velleman, phil prof at NYU, taught for more than 20 years at Michigain before that. “Brief Introduction to Kantian Ethics” Cambridge University Press, 2006. Article in the dbox. WWDH
What this observation
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act for reasons.
And, rationality is a pre-requisite for moral deliberation.
Furrow: Dwight Furrow. “Moral Agency.” Ethics. 2005. pp. 20-21.
This is because
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deterministic physical world?
Universalilty is deceptive—instead, use the political models most consistent with rationality. That’s democracy.
Hawthorn 88, Geoffrey Hawthorn, “Practical Reason and Social Democracy: Reflections on Unger’s Passion and Politics.” Critique and Construction: A Symposium on Robert Unger’s Politics, Cambridge University Press, 1988.
To redress this,
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most thoughtful citizens.”
Deliberative democracy is a new politics based in practical reason.
Young: Iris Marion Young, . Inclusion and Democracy. Oxford: Oxford University Press, 2000
Even in our
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the best reasons.
Thus, the standard is deliberative democracy.
Deliberative democracy requires respect and freedom from domination.
Young: Iris Marion Young, . Inclusion and Democracy. Oxford: Oxford University Press, 2000
This model of
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to be reasonable.
Reasonableness is another normative ideal of deliberative democracy.
Young: Iris Marion Young, . Inclusion and Democracy. Oxford: Oxford University Press, 2000
Being reasonable, furthermore,
AND
and mere derision.
Public colleges and universities in the United States ought not restrict any Constitutionally speech except in instances of hate speech.
Hate speech is Constitutionally protected.
Volokh 15, Eugene Volokh, “No, there’s no “hate speech” exception to the First Amendment.” The Washington Post. May 7 2015. Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
I keep hearing
AND
of “hate speech.”
Hate speech inspires fear—causes members of the polity to be dominated.
Smith 04: Circumventing the "True Threat" Standard in Campus Hate Speech Codes by Craig R. Smith California State University, Long Beach Craig R. Smith is Professor of Communication Studies and Director of the Center for First Amendment Studies at California State University, Long Beach. See his newest book, The Four Freedoms of the First Amendment (Waveland Press, 2004).
Words can reinforce
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healthy diverse community. According to Lieberson, Stereotypes: The Consequences for Race and Ethnic Interaction in Marrett and Leggon, eds (1985) Research on Race and Ethnic Relations).
And, Hate speech has intrinsic harm, particularly against women
Horne 16 (Solveig, Minister of Children and Equality in Norway, “Hate Speech — A Threat to Freedom of Speech,” 03/08/2016, http://www.huffingtonpost.com/solveig-horne/hate-speech~-~-a-threat-to_b_9406596.html LADI)
Hate speech in
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against hate speech.
NC 5.
Consequentialism is incompatible with everyday values – if you love your friends and family because it happens to maximize utils, you’re not really loving them at all. Proper moral respect requires treating people in ways they would recognize as justifiable.
Scanlon 98: Scanlon, Thomas Michael. Alford Professor of Natural Religion, Moral Philosophy, and Civil Polity, Harvard University. What We Owe to Each Other. Cambridge, MA: Harvard University Press, 1998. CH
Still, someone might
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valid moral claims.”
This meta-framing entails side constraints since you can justifiably choose to accept an avoidable burden but you can’t justifiably impose one on someone else.
Darwall (quoting Scanlon): Darwall, Stephen. Professor of Philosophy, Yale University “Moral Discourse and Practice: Some Philosophical Approaches.” New York: Oxford University Press, 1997. EE
The contractualist account
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in the paper.
Thus, the standard is abiding by principles that could not be reasonably rejected.
The principle of unrestricted constitutionally protected speech can be reasonably rejected by racial minorities
Williams 05 Gwyneth Williams, prof of poli sci, “Hate speech codes on college campuses.” St Louis Journalism Review. Premier
Supporters of hate
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of restrictive codes.
Hate speech has intrinsic harm, particularly against women
Horne 16 (Solveig, Minister of Children and Equality in Norway, “Hate Speech — A Threat to Freedom of Speech,” 03/08/2016, http://www.huffingtonpost.com/solveig-horne/hate-speech~-~-a-threat-to_b_9406596.html LADI)
Hate speech in
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against hate speech.
PIC Hate Speech
Text: Public colleges and universities in the United States ought not restrict any Constitutionally protected speech except hate speech.
McConnell 12 Reed E. McConnell, Harvard Crimson. “Why Harvard’s Hate Speech Policies Are Necessary” The Harvard Crimson, April 18th 2012. http://www.thecrimson.com/article/2012/4/18/hate-speech-libertarians/ WWDH
There certainly should
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worthy of protest.
Students of public colleges and universities want these regulations
MSU students Missouri State University students no date. (thedemands.org/s/MasterListofDemands.docx)
“As students at
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of Student Affairs.
CP 1.
Hate speech is protected.
Volokh 15 Eugene Volokh, “No, there’s no “hate speech” exception to the First Amendment.” The Washington Post. May 7 2015. Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
I keep hearing
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of “hate speech.”
CP improves discussion: ensures everyone can participate while excluding communication that serve purely to marginalize or demean.
U.S. Legal no date U.S. Legal, “Hate Speech Law and Legal Definition.” https://definitions.uslegal.com/h/hate-speech/
Hate speech is
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or to women.
Hate speech is self-perpetuating and silences victims.
Gelber and McNamara 15 Gelber, K and McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, April 19 2016.
Interviewees reported a
AND
judgement and their opinions.’
Hate speech precedes violence, leads to genocide.
Benesch 13 Susan Benesch (Project Director at World Policy Institute), Dangerous Speech along the path to Mass Violence. http://www.worldpolicy.org/content/dangerous-speech-along-the-path-to-mass-violence
Inflammatory public speech
AND
Yugoslavia, Egypt, and Kenya.
Hate speech normalizes discrimination; listeners imitate hate speech.
Gelber and McNamara 2 Gelber, K and McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, April 19 2016.
First, the harms
AND
to be sustained.
Hate speech has intrinsic harm, particularly against women
Horne 16 (Solveig, Minister of Children and Equality in Norway, “Hate Speech — A Threat to Freedom of Speech,” 03/08/2016, http://www.huffingtonpost.com/solveig-horne/hate-speech~-~-a-threat-to_b_9406596.html LADI)
Hate speech in
AND
against hate speech.
T 1.
Interp – Aff must defend hate speech as a type of Constitutionally protected speech.
Hate speech is Constitutionally protected.
Volokh 15 Eugene Volokh, “No, there’s no “hate speech” exception to the First Amendment.” The Washington Post. May 7 2015. Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
I keep hearing
AND
of “hate speech.”
Violation – you say hate speech isn’t Constitutionally protected.
Standards:
- Ground: Aff non-uniques core neg ground—if I don’t have access to offense about unsavory but protected speech, then I’m left defending banning speech in classrooms or other clearly Constitutionally protected speech. That’s ridiculous—it’s the strongest link to fairness because hate speech is a core element of free speech debate on college and university campuses.
FIRE ’16 Foundation for Individual Rights in Education,(FIRE launched its Stand Up for Free Speech Litigation Project in July 2014 to combat campus speech codes, so far 7 lawsuits have been successful in removing campus speech codes) On Speech Codes, The State of Free Speech on Our Nation’s Campuses, FIRE, 2016, Date Accessed 12/5/16 https://d28htnjz2elwuj.cloudfront.net/wp-content/uploads/2013/06/27212854/SCR_Final-Single_Pages.pdf Premier
In recent years
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investigation is inappropriate.
2. Topic lit
Vote on fairness
Drop the debater on this shell
Use competing interps
No RVI
T 2.
Interpretation --- the affirmative should defend the desirability of topical action. To clarify, the aff must defend that public colleges and universities in the united states ought not restrict any constitutionally protected speech.
- “Resolved” implies a legislative action. Parcher 1’
Pardon me if
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to a question.
Violation: They defend x.
Net benefits
And, there’s a topical version of the aff –
And, there’s no functional limit not embraced by the topic – theory is too broad,
Lutz 2k Donald S. Lutz, “Plitical Theory and Partisan Politics”, pp.39-40, 2000.
Aristotle notes in
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actual political systems.
Their interpretation leads to infinite research burdens that decrease participation. In their model, only those who have the capacity to debate literally everything can participate, turning all inclusion arguments.
HARRIS Harris, Scott Debate coach for over 25 years, coaches University of Kansas Policy Debate Team, " This ballot," Published on CEDADebate.org Forums. 5/5/13. http://www.cedadebate.org/forum/index.php?topic=4762.msg10246 .
I understand that
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my everyday existence.
Ground
3---Prep and clash—
Only maintaining a limited topic of discussion and a clear point of clash for both teams provides the necessary foundation for decision-making and advocacy skills
Steinberg and Freeley ‘8 *Austin J. Freeley is a Boston based attorney who focuses on criminal, personal injury and civil rights law, AND David L. Steinberg , Lecturer of Communication Studies @ U Miami, Argumentation and Debate: Critical Thinking for Reasoned Decision Making pp45-
Debate is a
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the following discussion.
4 -- Tailoring identity claims to common topics for deliberation is possible ---the aff’s failure to affirm topical action prevents finding commonality through argument. And topicality doesn’t exclude – it’s a call for engagement
Amanda Anderson 6, Andrew W. Mellon Professor of Humanities and English at Brown University, Spring 2006, “Reply to My Critic(s),” Criticism, Vol. 48, No. 2, p. 281-290 we do not endorse ableist rhetoric of the author
MY RECENT BOOK
AND
and legislative agendas.
Fairness comes first and is a reason to drop the debater – Topical competitive equity requirements are also key to meaningful dialogue—monopolizing strategy and prep makes the discussion one-sided and subverts any meaningful neg role.
GALLOWAY: Galloway, 7 –professor of communication at Samford University (Ryan, “DINNER AND CONVERSATION AT THE ARGUMENTATIVE TABLE: RECONCEPTUALIZING DEBATE AS AN ARGUMENTATIVE DIALOGUE”, Contemporary Argumentation and Debate, Vol. 28 (2007)
Debate as a
AND
of topical advocacy.
INCLUSIVITY: an unfair model of debate kills the incentive for people to debate in the first place. That link turns all their offense since there’s no incentive to do work, read and come to tournaments to learn anything.
SPEICE AND LYLE: Speice, Patrick Wake Forest University, Lyle, Jim Debate Coach, Clarion University “Traditional Policy Debate: Now More Than Ever” (2003)
As with any
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for all participants.
Competing interps
Drop the debater
No RVI
T 3.
Interp – Aff must defend public colleges and universities in the United States not placing any limitation, condition, or regulation on exercise of Constitutionally protected speech.
Restriction means “limitation, condition, or regulation”
OED 89 (Oxford English Dictionary, “Restriction,” Volume 13, p. 759) Premier
a. A limitation imposed
AND
of this nature.
Violation – you say time/place/manner regulations are OK in the aff world.
Standards:
Limits
Vote on fairness
Education is a voter
Drop the debater on this shell
no neg RVI
Use competing interps
