Tournament: All | Round: 1 | Opponent: All | Judge: All
If you have any questions or just want to talk, FB message or e-mail me.
Facebook name: Jong Hak Won
e-mail: jonghak.won@gmail.com

Tournament: Berkeley | Round: Quarters | Opponent: Harvard Westlake CE | Judge: Panel

1-off

Interp: Debaters must read an explicitly labeled standard or role of the ballot text in the 1AC, specify whether it's ends or means based, and link their offense to it.
Violation: They didn't, you can call for the speech doc. CX clarifies: 

1. Strat skew—the 1AC framework is a moving target that you can recontextualize to crowd out my impacts, which kills fairness because you need a strat to win. They'll say they won't exclude any arguments but:
   A. Saying your framework is contextualized by your impact or framing cards is even worse, that means all your impacts automatically link to your framework whereas at best I have to waste time justifying why neg offense links and at worst you can delink it
   B. This is non-verifiable, they absolutely could have if I didn't read theory but they're just saying they wouldn't to get out of the abuse story
   C. bad for neg flex: kick impx
   2. Resolvability— if there's dispute about whether certain impacts matter at the end of the round, the judge has to intervene because there's no stable text to refer to. They'll say we can just weigh under the framework but:
   A. There's no way to weigh between impacts, discussion of impacts presuppose bigger practices of what impacts are moral, for example even if consequentialism is true arguments like "death good" have different implications under hedonism vs rule util
   B. Impact justified frameworks arbitrarily pick one impact over another without giving normative proposition to it; for instance you could literally just read a standard of stopping climate change or minimizing terrorism that presupposes act-consequentialism
   Resolvability is an independent voter because we need a judge to have a debate and even if you feel comfortable evaluating this round a text solves every time there's not an experienced judge in the back of the room.
   3. Their reliance on intuition and implied premises of the framework makes the judge an authoritarian adjudicator who fits students into a mold, turning any hope for critical citizenship
   Rickert 01  ~Rickert, Thomas. ""Hands Up, You're Free": Composition in a Post-Oedipal World." JacOnline Journal, 2001~
   "An example of the connection between violence and pedagogy is implicit in the notion of being "schooled" as it has been conceptualized by Giroux and Peter Mclaren. They explain, "Fundamental to the principles that inform critical pedagogy is the conviction that schooling for self- and social empowerment is ethically prior to questions of epistemology or to a mastery of technical or social skills that are primarily tied to the logic of the marketplace" (153-54). A presumption here is that it is the teacher who knows (best), and this orientation gives the concept of schooling a particular bite: though it presents itself as oppositional to the state and the dominant forms of pedagogy that serve the state and its capitalist interests, it nevertheless reinscribes an authoritarian model that is congruent with any number of oedipalizing pedagogies that "school" the student in proper behavior. As Diane Davis notes, radical, feminist, and liberatory pedagogies "often camouflage pedagogical violence in their move from one mode of 'normalization' to another" and "function within a disciplinary matrix of power, a covert carceral system, that aims to create useful subjects for particular political agendas" (212). Such oedipalizing pedagogies are less effective in practice than what the claims for them assert; indeed, the attempt to "school" students in the manner called for by Giroux and McLaren is complicitous with the malaise of postmodern cynicism. Students will dutifully go through their liberatory motions, producing the proper assignments, but it remains an open question whether they carry an oppositional politics with them. The "critical distance" supposedly created with liberatory pedagogy also opens up a cynical distance toward the writing produced in class." (299-300)

2-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

o/w
scale 
size of link
Turns the 1AC

3-off

I negate. It is impossible to derive morality from academic reflection  
We are always bound by our individual perspectives- language and other basic assumptions are not bounded by external authority but merely by axioms  
Parrish 05, Rick. "Derrida's economy of violence in Hobbes' social contract." Theory and Event 7.4 (2005).
The point, as Richard Beardsworth (one of Derrida's most noteworthy commentators) explains, is that "a decision is always needed because there is no natural status to language, and that given this irreducibility of a decision, there are different kinds of decisions — those that recognize their legislative and executive force and those which hide it under some claim to naturality qua 'theory' or 'objective science'."22 In the first case the person recognizes and embraces its status as a creator of meaning, but in the second case the person more closely resembles Nietzsche's scientific ascetic who, while still a person and thus a creator, denies his nature and instead claims to discover fact. But in either event, a person "is always . . . a legislator and policeman,"23 a creator and subsequent enforcer of its creations of meaning and value. So for Derrida, any discursive positioning is the outcome of an ordeal of the undecidable that is itself necessary because there is no objective, transparently discoverable truth. Rather, persons exist as the choosers, the creators, of discursive positionality (meaning; value). Violence is then the unavoidable denial of the other as a source of meaning independent of oneself. Derrida argues that both pure violence and pure non-violence are paradoxical, but before explaining this point I shall lay out why Hobbes agrees that humans are the creators of meaning and value, and proceed from there. Perhaps the single most telling quote from Hobbes on this point comes from The Philosophical Rudiments Concerning Government and Society (usually known by its Latin name, De Cive), in which he states that "to know truth, is the same thing as to remember that it was made by ourselves by the very usurpation of the words."24 "For Hobbes truth is a function of logic and language, not of the relation between language and some extralinguistic reality,"25 so the "connections between names and objects are not natural."26 They are artificially constructed by persons, based on individual psychologies and desires. These individual desires are for Hobbes the only measure of good and bad, because value terms "are ever used with relation to the person that useth them, there being nothing simply and absolutely so, nor any common rule of good and evil to be taken from the nature of the objects themselves."27 Since "there are no authentical doctrines concerning right and wrong, good and evil,"28 these labels are placed upon things by humans in acts of creation rather than discovered as extrinsic facts.
Using academic frameworks presupposes values itself such as the value of truth or good scholarship. Thus any attempt at deduction would beg the question by assuming value in the first place.
The obligation to reconcile different values falls upon the sovereign who can assert the normative system.
Parish 06, Rick, Violence Inevitable: The Play of Force and Respect in Derrida, Nietzsche, 2006, https://books.google.com/books?id=YC6OxLoixdgCandpg=PA55andlpg=PA55anddq=the+sovereign27s+job+is+to+be+an+ultimate+definer+peace+is+only+possibleandsource=blandots=3RPGXKlMNhandsig=TjzxedcCuuvmUIpqa5O1ZwqsFPwandhl=enandsa=Xandved=0CCAQ6AEwAGoVChMIuZXujP7lyAIVU9ZjCh3JOgvd~~#v=onepageandq=the20sovereign's20job20is20to20be20an20ultimate20definer20peace20is20only20possibleandf=false
All of the foregoing pints to the conclusion that in the commonwealth the sovereign's first and most fundamental job is to be the ultimate definer. Several other commentators have also reached this conclusion. By way of elaborating upon the importance of the moderation of individuality in Hobbes' theory of government, Richard Flathman claims that peace "is possible only if the ambiguity and disagreement that pervade general thinking and acting are eliminated by the stipulations of a sovereign." Pursuant to debunking the perennial misinterpretation of Hobbes' mention of people as wolves, Paul Johnson argues that "one of the primary functions of the sovereign is to provide the necessary unity of meaning and reference for the' primary terms in which ~people~ men try to conduct their social lives." "The whole ~purpose in the sovereign's ruling~ raison d'entre of sovereign helmsmanship lies squarely in the chronic defusing of interpretive clashes," without which humans would "fly off in all directions" and fall inevitably into the violence of the natural condition.
Thus the standard is consistency with the sovereign's authority
Prefer

1. All frameworks collapse into a Hobbesian framework  
   A. All rights claims are problematic in the state of nature, justifying infinite rights violations. Other framework authors agree  
   Varden 10 "A Kantian Conception of Free Speech" by Helga Varden Chapter from: "Freedom of Expression in a Diverse World" edited by Deirdre Golash 2010
   "The first important distinction between Kant and much contemporary liberal thought issues from Kant's argument that it is not in principle possible for individuals to realize right in the state of nature. Kant explicitly rejects the common assumption in liberal theories of his time as well as today that virtuous private individuals can interact in ways reconcilable both with one another's right to freedom and their corresponding innate and acquired private rights. All the details of this argument are beyond the scope of this paper. It suffices to say that ideal problems of assurance and indeterminacy regarding the specification, application and enforcement of the principles of private right to actual interactions lead Kant to conclude that rightful interaction is in principle impossible in the state of nature.5 Kant argues that only a public authority can solve these problems in a way reconcilable with everyone's right to freedom. This is why we find Kant starting his discussion of public right with this claim: however well disposed and right-loving men might be, it still lies a priori in the rational idea of such a condition (one that is not rightful) that before a public lawful condition is established individual human beings... can never be secure against violence from one another, since each has her own right to do what seems right and good to her and not be dependent upon another's opinion about this (6: 312).6 There are no rightful obligations in the state of nature, since in this condition might ('violence', or arbitrary judgments and 'opinion' about 'what seems right and good') rather than right (freedom under law) ultimately governs interactions. According to Kant, therefore, only the establishment of a public authority can enable interaction in ways reconcilable with each person's innate right to freedom. Moreover, only a public authority can ensure interaction consistent with what Kant argues are our innate rights (to bodily integrity and honor) and our acquired rights (to private prop- erty, contract and status relations). The reason is that only the public authority can solve the problems of assurance and indeterminacy without violating anyone's right to freedom. The public authority can solve these problems because it represents the will of all and yet the will of no one in particular. Because the public authority is representative in this way – by being "united a priori " or by being an "omnilateral" will (6: 263) – it can regulate on behalf of everyone rather than on behalf of anyone in particular. For these reasons, civil society is seen as the only means through which our interactions can become subject to universal laws that restrict everyone's freedom reciprocally rather than as subject to anyone's arbitrary choices." (46-47)
   B. The Neg Framework is inevitable because even if we remove the sovereign, everyone becomes their own sovereign.
   Parish 06, Rick, Violence Inevitable: The Play of Force and Respect in Derrida, Nietzsche, 2006, https://books.google.com/books?id=YC6OxLoixdgCandpg=PA55andlpg=PA55anddq=the+sovereign27s+job+is+to+be+an+ultimate+definer+peace+is+only+possibleandsource=blandots=3RPGXKlMNhandsig=TjzxedcCuuvmUIpqa5O1ZwqsFPwandhl=enandsa=Xandved=0CCAQ6AEwAGoVChMIuZXujP7lyAIVU9ZjCh3JOgvd~~#v=onepageandq=the20sovereign's20job20is20to20be20an20ultimate20definer20peace20is20only20possibleandf=false
   But even more significantly for his relationship with Derrida, Hobbes argues that in the state of nature persons must not only try to control as many objects as possible — they must also try to control as many persons as possible. "There is no way for any man to secure himself so reasonable as anticipation, that is, by force or wiles to master the persons of all men he can, so long till he see no other power great enough to endanger him. And this is no more than his own conservation requireth, and is generally allowed."37 While it is often assumed that by this Hobbes means a person will try to control others with physical force alone, when one approaches Hobbesian persons as meaning creators this control takes on a more discursive, arche-violent character. First," says Hobbes, "among ~persons in the state of nature~ there is a contestation of honour and preferment,"38 a discursive struggle not over what physical objects each person will possess, but over who or what will be considered valuable. Persons, as rationally self-interested beings who "measure, not only other men, but all other things, by themselves,"39 and value themselves above all others, attempt to force that valuation on others. "The human desire for 'glory', which in today's language translates not simply as the desire for prestige, but also the desire to acquire power over others," is therefore primarily about subsuming others beneath one's own personhood, as direct objects or merely phenomenal substances. As above, the inevitability of this situation is given by the fact that the primarily egoistic nature of all experience renders the other in a "state of empirical alter-ego"41 to oneself. Those who prefer a more directly materialistic reading of Hobbes may attempt to bolster their position by pointing to his comment that "the most frequent reason why men desire to hurt each other, ariseth hence, that many men at the same time have an appetite to the same thing; which yet very often they can neither enjoy in common, nor yet divide it; whence it follows that the strongest must have it, and who is strongest must be decided by the sword."42 This quote also supports my reading of Hobbes, because quite simply the primary thing all persons want but can never have in common is the status of the ultimate creator of meaning, the primary personhood, from which all other goods flow. Everyone, by their natures as creators of meaning whose "desire of power after power . . . ceaseth only in death,"43 tries to subsume others beneath their personhood in order to control these others and glorify themselves. As Piotr Hoffman puts it, "every individual acting under the right of nature views himself as the center of the universe; his aim is, quite simply and quite closely, to become a small "god among men," to use Plato's phrase."Hobbes argues that this discursive struggle rapidly becomes physical by writing that "every man thinking well of himself, and hating to see the same in others, they must needs provoke one another by words, and other signs of contempt and hatred, which are incident to all comparison, till at last they must determine the pre-eminence by strength and force of body."45 The ultimate violence, the surest and most complete way of removing a person's ability to create meaning, is to kill that person, and the escalating contentiousness of the state of nature makes life short in the war of all against all. But this does not render the fundamental reason for this violence any less discursive, any less based on "one's sense of self-importance in comparison with others"46 or human nature as a creator of meaningThree
   2 impacts 1) All DA's to my framework are non-unqiue because the sovereign will always exist. The only question is the sovereign's effectiveness and normative power, which the NC endorses. 2) Proves that even if the AC framework is true, it doesn't matter because the sovereign will always exist and shut off its normative power. 

Contention

1. Public colleges are the sovereign- Supreme Court cases have explicitly ruled
   Buchter 73, Jonathan. "Contract law and the student-university relationship." Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973.
   "This theoretical mixture was applied in student-university litigation until Dixon v. Alabama State Board of Education was decided in 1961. Dixon held, generally, that a public university's actions were state actions and therefore subject to constitutional restraints and, more particularly, that a student must be afforded procedural due process prior to expulsion. However, the state action doctrine in Dixon has not replaced the implied contract theory. Courts still view the student-university relationship  as one of contract with certain constitutional protections required if the institution is public. Thus, there may currently be some limits on what the public university may demand from the student. For example, a public university may not be able to deny a student certain first amendment rights. However, since the Dixon holding is limited to public institutions, a private university may be able to contract in such a way as to limit these constitutional rights."
   Thus colleges are under no obligations to retrict speech because they can do as they please. And status quo proves that they want restrictions. Even if the sovereign wished to restrict speech, it wouldn't be as a result of an obligation but merely self-interest, which answers aff turns.  
   2. The aff allows seditious speech, which wills that individual have the right to subvert the sovereign and reinstitute the state of nature.
   Varden 2, "A Kantian Conception of Free Speech" by Helga Varden Chapter from: "Freedom of Expression in a Diverse World" edited by Deirdre Golash 2010
   "To understand Kant's condemnation of seditious speech, remember that Kant, as mentioned above, takes himself to have shown that justice is impossible in the state of nature or that there is no natural executive right. Since Kant considers himself to have successfully refuted any defense of the natural executive right, he takes himself also to have shown that no one has the right to stay in the state of nature. This, in turn, explains why Kant can and does consider seditious speech a public crime. The intention behind seditious speech is not merely to criticize the government or to discuss theories of government critically, say. In order to qualify as seditious, the speaker's intention must be to encourage and support efforts to subvert the government or to instigate its violent overthrow, namely revolution. To have such a right would be to have the right to destroy the state. Since the state is the means through which right is possible, such a right would involve having the right to annihilate right (6: 320). That is, since right is impossible in the state of nature, to have a right to subversion would be to have the right to replace right with might. Since the state is the only means through which right can replace might, the state outlaws it. And since it is a crime that "endanger~s~ the commonwealth" rather than citizens qua private citizens, it is a public crime (6: 331)." (52)

Tournament: Berkeley | Round: 1 | Opponent: Brentwood RY | Judge: Braden James

1-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

o/w
scale 
size of link
Turns the 1AC

2-off

A. Trump is pushing protectionism and tarrifs right now- Republicans are unwilling to support

Steinhaur Dec 5, Jennifer, House G.O.P. Signals Break With Trump Over Tariff Threat, 2016, https://www.nytimes.com/2016/12/05/us/politics/house-republicans-trade-trump.html
WASHINGTON — House Republican leaders signaled on Monday that they would not support President-
AND
against protectionism and to urge a robust debate on free markets and trade."

B. Link

1. Implementing the aff is the vindication that the Trump administration needs. He's losing pol-cap now after implementing a muslim ban and nominating a deeply unpopular cabinet. Aff lets him regain steam since he railed against "political correctness" during the campaign trail.

Weigel 16 ~Moira Weigel, writer and academic, "Political correctness: how the right invented a phantom enemy," The Guardian, November 30, 2016, https://www.theguardian.com/us-news/2016/nov/30/political-correctness-how-the-right-invented-phantom-enemy-donald-trump~~ JW
Three weeks ago, around a quarter of the American population elected a demagogue with
AND
themselves as "politically correct". The phrase is only ever an accusation. 

2. Trump's retaliation against the Berkeley protests means he gets credit for the implementation of the aff. It proves he can beat even the most liberal institutions.

Brown and Mangan 17 ~Sarah Brown and Katherine Mangan, "Trump Can't Cut Off Berkeley's Funds by Himself. His Threat Still Raised Alarm," The Chronicle of Higher Education, Feb. 3, 2017, http://www.chronicle.com/article/Trump-Can-t-Cut-Off/239100?cid=trend_right.~~ JW
Back in October, when President Trump vowed to "end" political correctness on
AND
. "He had to do it in a way that was threatening."

C. internal link

1. The plan is popular with Congressional Republicans that Trump needs to win over to his side

McGrady 16 ~Michael McGrady, CU Colorado Springs, "House Republicans to college students: Have you been censored? Let us know. Email us!" The College Fix, March 4, 2016, http://www.thecollegefix.com/post/26499/~~ JW
House Republicans have called on students nationwide to email them stories of censorship in the
AND
stand up for you? Who would defend you in the public place?"

D. New tarrifs doom millions and millions to extreme poverty. They also have a spillover effect, multiplying the impact.

Beauchamp 16, Zach, Apr 5, 2016, If you're poor in another country, this is the scariest thing Bernie Sanders has said http://www.vox.com/2016/3/1/11139718/bernie-sanders-trade-global-poverty
Free trade is one of the best tools we have for fighting extreme poverty.
AND
serious about it, the damage to the world's very poorest would be astronomical

Tournament: Berkeley | Round: 4 | Opponent: Dougherty Valley KD | Judge: John Overing

1-off

K – Black Safe Spaces

Imagine being stuck in a sort of vertigo that seems as if you have no where to go, no where to hide, no where to just be with people who understand your struggle – this is the analysis the 1AC fundamentally misses and affirms for more free speech – safe spaces on college campuses are necessary and needed to help black students deal with being black.

Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^th, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb
If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong
AND
going to help our country live up to what we say we believe." 

Forcing minorities to confront racial microaggressions without any other form of recourse or retreat induces racial "battle fatigue" that translates into actual material harms

Smith et al 07 ~William A. Smith University of Utah Walter R. Allen University of California, Los Angeles Lynette L. Danley University of Utah, ""Assume the Position . . . You Fit the Description" Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students," American Behavioral Scientist, 2007~ JW
Racial Microaggressions in Historically White Environments The concern about greater distress and academic attrition among
AND
broken between students of color and the HWI community (Smith, 2004)

Antiblackness is metaphysics – This means that it is engrained within the structure of society – trying to change the mind of racists with free speech can never occur – this also non unique the "productive" dialogue the aff seeks to achieve

Warren 15 ~Calvin L., Black Nihilism and the Politics of Hope ; Surce: CR: The New Centennial Review, Vol. 15, No. 1, Derrida and French Hegelianism (Spr ing 2015), XMT, pp. 215-248 Published by: Michigan State University Press Stable URL: http://www.jstor .org/stable/10.14321/crnewcentrevi.15.1.0215 . Accessed: 30/03/2015
For the black nihilist, anti-blackness is metaphysics. It is the system
AND
account will inevitably reproduce the very structures of thought that it would dismantle. 

The politics of the 1AC removes safe spaces on college campuses – this impact turns and outweighs the case – safe spaces are uniquely key for marginalized communities to come together and actually engage in conversations about identity

Pickett 16 RaeAnn Pickett. August 31st 2016. Pickett is senior director of communications and public Affairs at the National Latina Institute for Reproductive Health and a Ms. Foundation Public Voices Fellows. Trigger Warnings and Safe Spaces Are Necessary. Published by TIME.
After the birth of my first son, I had postpartum depression. I was
AND
should be at the vanguard of modeling the way forward—not backward.

The roll of the ballot is to endorse the debater with the best methodology to liberate the oppressed

The roll of the judge is to be a critical educator

Thus, the alternative – safe spaces that are currently in the status quo should remain where they are. The negative cannot fiat more safe spaces will occur – but our method in the kritik is affirming the tangibility and productivity that safe spaces provide to black students on colleges campuses.

Okeke 16
Okeke ,Cameron .I'm a black UChicago graduate. Safe spaces got me through college. Cameron Okeke is currently earning a master's in bioethics at the Johns Hopkins Bloomberg School of Public Health and Berman Institute of Bioethics in Baltimore, Maryland. His views are his own and do not represent those of the institution he currently attends. Aug 29, 2016 http://www.vox.com/2016/8/29/12692376/university-chicago-safe-spaces-defense
The University of Chicago sent a dizzying letter to its freshman class last week,
AND
free. Don't let us in if you can't make room for us.

2-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

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Turns the 1AC

Tournament: Berkeley | Round: 6 | Opponent: Dougherty Valley CS | Judge: Neel Yerneni

1-off

Counterplan text: The United States federal government should establish congressional oversight over the National Insider Threat Policy.

The CP's oversight is key to allowing whistleblowers to criticize the military and resolves the chilling effect that stops them from coming out

Canterbury 14 (Angela, Director of Public Policy, "POGO's Angela Canterbury testifies on "Limitless Surveillance at the FDA: Protecting the Rights of Federal Whistleblowers" February 26, 2014, pg online @ http://www.pogo.org/our-work/testimony/2014/pogos-angela-canterbury-testifies.html um-ef)
Whistleblowers are the guardians of the public trust and safety. Without proper controls at
AND
and accountable to the American people. I look forward to your questions.

The Insiders Threat program affects thousands of military personnel preventing an effective check of military policies

Goztola 16 ~Kevin Goztola, managing editor of Shadowproof Press, "'Insider Threat' Program: Hundred Thousand Pentagon Personnel Under Total Surveillance," Common Dreams, January 8, 2016, http://www.commondreams.org/views/2016/01/08/insider-threat-program-hundred-thousand-pentagon-personnel-under-total-surveillance~~ JW
At least a hundred thousand military, civilian, and contractor personnel at the Defense
AND
no good reason for the government to be sharing this data at all.

Solves the case – creates Congressional oversight that prevents militaristic overreach of power

Goodman 13
(Melvin, PhD, former CIA Analyst, adjunct professor at Johns Hopkins University, former professor of international relations at the National War College, senior fellow at the Center for International Policy, "The Need for National Security Leaks," pg online @ https://consortiumnews.com/2013/06/19/the-need-for-national-security-leaks/ um-ef)
The attack line against whistleblowers Bradley Manning and Edward Snowden – that they should have
AND
and the media defer to authorized sources, we will need courageous whistleblowers.

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Currently military academies are successfully implementing policies that combat sexual assault and stigma. Increased reporting indicates they are working.

Baldor and Elliot 16 ~LOLITA C. BALDOR and DAN ELLIOTT, Associated Press, "Pentagon: Reports of sexual assaults at major military academies surged in 2014-15 school year," US News, Jan. 8, 2016, http://www.usnews.com/news/politics/articles/2016-01-08/reports-of-sexual-assaults-spike-at-military-academies~~ JW
WASHINGTON (AP) — Reports of sexual assaults at the three major military academies
AND
or don't want to go through the emotional turmoil of a court case.

Permitting free speech on military academies opens the flood gate for toxic militaristic discourse about sexual assault

Witte 15 ~Brian Witte, writer at the Baltimore Sun,  "Civilian Naval Academy professor sues Navy over free speech," the Baltimore Sun, November 5, 2015, http://www.baltimoresun.com/g00/news/maryland/bs-md-bruce-fleming-naval-academy-lawsuit-20151105-story.html?i10c.referrer=~~ JW
*brackets from original text
A civilian professor at the U.S.
AND
Fleming for daring to criticize the ~Sexual Assault Prevention and Response Program.~"

Military academies are sites for toxic hegemonic masculinity which means that status quo sexual assault prevention programs are key

Scott 14 ~Scott, Elizabeth H., "From the Barracks to the Frat House: Hegemonic Masculinity and the Normalization, Promotion and Replication of Rape Culture in Male Dominated Spaces— A Comparison of the United States Military and the American College Fraternity" (2014). College of William and Mary Undergraduate Honors Theses. Paper 57.~ JW
For some students, college is a time to establish connections and bonds— through
AND
expense of women and femininity—they are representative of a rape culture.

This kind of discourse is exactly what justifies a culture of rape in militaries that affirms a violent misogynist power structure

Lucero 15 ~Gabriel Lucero, Master of Public Policy and Juris Doctor candidate at Duke University Sanford School of Public Policy and School of Law, "Military Sexual Assault: Reporting and Rape Culture," Sanford Journal of Public Policy, Vol. 6 No. 1 (Winter 2015), 1–32~ JW
"Rape culture," a term coined by feminists in the 1970s, is not
AND
to why victims ~survivors~ of military sexual assault are not reporting. 

3-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

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Turns the 1AC

Tournament: Berkeley | Round: Triples | Opponent: West KN | Judge: Panel

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Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech.
Counterplans that place restrictions on only specific types of speech but eliminate all others are theoretically illegitimate.
B. Violation:
C. 1. Legal Precision- Multiple court rulings agree- any means every  
Elder 91, David, "Any and All": To Use Or Not To Use?," 1991, http://www.michbar.org/file/generalinfo/plainenglish/pdfs/91_oct.pdf**
The Michigan Supreme Court seemed to approve our dictionary definitions of "any" in Harrington v Interstate Business Men's Accident Ass'n, 210 Mich 327, 330; 178 NW 19 (1920), when it quoted Hopkins v Sanders, 172 Mich 227; 137 NW 709 (1912). The Court defined "any" like this: "In broad language, it covers 'arl'v final decree' in 'any suit at law or in chancery' in 'any circuit court.' Any' means ,every,' 'each one of all."' In a later case, the Michigan Supreme Court again held that the use of "any" in an agency contract meant "all." In Gibson v Agricultural Life Ins Co, 282 Mich 282, 284; 276 NW 450 (1937), the clause in controversy read: "14. The Company shall have, and is hereby given a first lien upon any commissions or renewals as security for any claim due or to become due to the Company from said Agent." (Emphasis added.) The Gibson court was not persuaded by the plaintiff's insistence that the word "any" meant less than "all": "Giving the wording of paragraph 14 oJ the agency contract its plain and unequivocable meaning, upon arriving at the conclusion that the sensible connotation of the word any' implies 'all' and not 'some,' the legal conclusion follows that the defendant is entitled to retain the earned renewal commissions arising from its agency contract with Gibson and cannot be held legally liable for same in this action," Gibson at 287 (quoting the trial court opinion). The Michigan Court of Appeals has similarly interpreted the word "any" as used in a Michigan statute. In McGrath v Clark, 89 Mich App 194; 280 NW2d 480 (1979), the plaintiff accepted defendant's offer of judgment. The offer said nothing about prejudgment interest. The statute the Court examined was MCL 600.6013; MSA 27A.6013: "Interest shall be allowed on any money judgment recovered in a civil action...." The Court held that "the word 'any' is to be considered all-inclusive," so the defendants were entitled to interest. McGrath at 197 Recently, the Court has again held that "~alny means 'every,' 'each one of all,' and is unlimited in its scope." Parker v Nationwide Mutual Ins Co, 188 Mich App 354, 356; 470 NW2d 416 (1991) (quoting Harrington v InterState Men's Accident Ass'n, supra)
This outweighs- this is a legal definition, which the topic necessitates because it questions first amendment rights, a legal concept.
2. Limits- Your interp allows a near infinite number of aff's.
FIRE lists 170 different speech codes that infringe on due process student rights alone, meaning there's at least 170 plans you could get a solvency advocate for right then and there. 
Even assuming only a third of these are viable, you have justified a caselist with 50 distinct plans, not even counting permutations of plans and non-FIRE, That's ridiculous because we've only had this topic for a month, there is no way I could prep that many specific case negs and also prep for other aspects of the resolution and also live a normal life.
Multiple impacts to limits
Fairness- this pigeonholes the negative into generics like the Kant NC every single time. This gives the aff a huge prep advantage because they know what the 1NC will be literally every single time. It also means I never get to debate util debate even if it is my best layer.
Topic education—the neg ensures every round can be about the topic even if the neg doesn't have specific prep to the aff's scenarios.
    Reciprocity- their interp requires the neg to bifurcate their prep between tons of aff's while the aff focuses on just one. That means the 1nc will get destroyed by 1ar frontlines in every debate since the aff has had at least 30 times more prep on it.
Fire Cite: Foundation for Individual Rights in Education. "Case Archive". Retrieved 2008-03-25.
3. Ground- Speech zones are fundamentally different than the core controversy of the topic. Empirically proven no neg generics apply. Things like the hate speech DA don't link because the aff still defends squo restrictions outside of speech zones. All you defend is removing the silencing of protests, which is obviously good. This is particularly important because solvency about protests goes aff, so I need generics to outweigh. Ground is key to fairness since equal access to arguments controls equal access to the ballot.
4. Topical version of the aff solves: you can read your specific rights as advantages under a whole res aff. Takes out overlimiting- any aff is fair just as an advantage. Also means my model has more breadth AND we can still discuss specific issues because good debaters like me are always incentivized to cut case answers specific to your aff for SOL.
D. voter-

1. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
   2. Fairness outweighs education
   Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.
   3. Drop the debater: Drop the arg is severance on T because it shifts their advocacy to whole res in the 1ar. This is unfair because the 1nc strategy was premised on the AC plantext. If you allow them to shift it punishes me for their abuse.
   4. Competing Interps: Reasonability begs the question of what's reasonable, requiring arbitrary intervention for the judge to evaluate the round. Even if you set a brighltine its arbitrary, allowing you to always set a brightline that lets you get away with abuse.
   5. No RVIs
   a) RVI's prevent theory from checking abuse. I wouldn't want to initiate a theory debate against an abusive case if my opponent could win the theory debate on an RVI. This is especially bad since they knew what they were defending beforehand but I didn't ensuring a huge prep skew on theory already.
   b) Reciprocity-Theory is not a nib- you can go for link turns or impact turns- you can impact turn with fairness for who or link turn with arguments for why I violate or use the voters to generate offense on a new shell. Giving you another way out creates a 2:1 skew. 

2-off

The 1AC is an affirmation of the legal system- public colleges is part of the state. Supreme Court Cases prove. 
Buchter 73, Jonathan. "Contract law and the student-university relationship." Indiana Law Journal, vol. 48, issue. 2, article 5, Winter 1973.
"This theoretical mixture was applied in student-university litigation until Dixon v. Alabama State Board of Education was decided in 1961. Dixon held, generally, that a public university's actions were state actions and therefore subject to constitutional restraints and, more particularly, that a student must be afforded procedural due process prior to expulsion. However, the state action doctrine in Dixon has not replaced the implied contract theory. Courts still view the student-university relationship as one of contract with certain constitutional protections required if the institution is public. Thus, there may currently be some limits on what the public university may demand from the student. For example, a public university may not be able to deny a student certain first amendment rights. However, since the Dixon holding is limited to public institutions, a private university may be able to contract in such a way as to limit these constitutional rights."
Thus the 1ac affirms that the state can create progress, which is a link to the K. Supercharged because the aff relies on constitutionally protected speech, which relies on the US constitution that deemed blacks 3/5 of a person.
The depiction of progress within civil society formulates cruel optimism- that is another link
Warren 15, Calvin, Assistant Prof of American Studies at GW, Black Nihilism and the Politics of Hope, 2015, http://www.academia.edu/21900580/Black_Nihilism_and_the_Politics_of_Hope**
This brilliant analysis compels us to rethink political rationality and the value in "means"—as a structuring agent by itself. What I would like to think through, however, is the distinction between "hope" and "despair" and "expec- tations" and "object." Whereas Farred understands political participation as an act without a political object, or recognizable outcome—without an "end," if we think of "end" and "object" as synonyms—I would suggest that the Politics of Hope reconfigures despair and expectation so that black political action pursues an impossible object. We can describe~s~ this contradictory object as the lure of metaphysical political activity: every act brings one closer to a "not-yet-social order." What one achieves, then, and expects is "closer." The political object that black participation encircles endlessly, like the Lacanian drive and its object, is the idea of linear proximity—we can call this "progress," "betterment," or "more perfect." This idea of achieving the impossible allows one to disregard the historicity of anti-blackness and its continued legacy and conceive of political engagement as bringing one incrementally closer to that which does not exist—one's impossible object. In this way, the Politics of hope recasts despair as possibility, struggle as triumph, and lack as propinquity. This impossible object is not tethered to real history, so it is unassailable and irrefutable because it is the object of political fantasy. The politics of hope, then, constitutes what Lauren Berlant would call "cruel optimism" for blacks (Berlant 2011). It bundles certain promises about redress, equality, freedom, justice, and progress into a political object that always lies beyond reach. The objective of the Political is to keep blacks in a relation to this political object—in an unending pursuit of it. This pursuit, however, is detrimental because it strengthens the very anti-black system that would pulverize black being. The pursuit of the object certainly has an "irra- tional" aspect to it, as Farred details, but it is not mere means without expec- tation; instead, it is a means that undermines the attainment of the impossible object desired. In other words, the pursuit marks a cruel attachment to the means of subjugation and the continued widening of the gap between historical reality and fantastical ideal.
The demand for legal relief is the perfection of slavery.  
Farley 05, Anthony, Professor of Law @ Boston College, "Perfecting Slavery", 1/27/2005,http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp –)
The progress of slavery runs in the opposite direction of the past present-future timeline. The slave only becomes the perfect slave at the end of the timeline, only under conditions of total juridical freedom. It is only under conditions of freedom, of bourgeois legality, that the slave can perfect itself as a slave by freely choosing to bow down before its master. The slave perfects itself as a slave by offering a prayer for equal rights. The system of marks is a plantation. The system of property is a plantation. The system of law is a plantation. These plantations, all part of the same system, hierarchy, produce white-overblack, white-over-black only, and that continually. The slave perfects itself as a slave through its prayers for equal rights. The plantation system will not commit suicide and the slave, as stated above, has knowing non-knowledge of this fact. The slave finds its way back from the undiscovered country only by burning down every plantation. When the slave prays for equal rights it makes the free choice to be dead, and it makes the free choice to not be.
Violence against black people is fundamentally gratuitous and irrational- rational legal structures cannot solve.
Barlow 16, Jr. Michael, Addressing Shortcomings in Afro-Pessimism, 2016, http://www.inquiriesjournal.com/articles/1435/addressing-shortcomings-in-afro-pessimism
White people operated on libidinal conceptions of the African long before there ever existed a slave. The libido is a concept most relevant in the field of psychoanalysis which studies and attempts to map the unconscious mind. It influences and shapes the basis for sexual desire as a pursuit of power. The libidinal economy then is an organization of signs and symbols at the level of the metaphysical that originate from a sexualized need for control. Simply put, the libidinal economy can be understood as an intersection between sexual desire and domination. In terms of Africa, "White violence against the black body was compelled by a complex mixture of conscious identification, unconscious fears, and subconscious longings" (Tibbs and Woods 2008). Evidence of this is at the first European interaction with the African. Their first recorded observations of the Africans were not of their culture, but rather they were imaginations of the alleged African sexual bestiality (L-SAW 2010). Thus, the African became known by a bestial and sexual rubric within the white mind, and that shaped further interactions. Evidence of white libidinal desires to control and possess the African are also in the lines of demarcation drawn between the civilizations. The very basis of racial slavery began "…with desire for the symbols of purity, honor, and humanity represented by whiteness and made possible by blackness and for the pleasure, exoticism, and self-loathing epitomized by blackness as constructed in opposition to whiteness (Tibbs and Woods 2008)." This is the organization of those metaphysical curiosities that fueled the projection of sexual representations onto the flesh. This libidinal construction is how African breasts and buttocks came to be represented as sexually abnormal, and in turn, it is ultimately what led to the construction of the Black woman as sexually insatiable. This was the basis for the white libidinal imagination to set the stage for a type a slavery previously unknown to the world: racial slavery.
The Middle Passage created the ontological category of the slave- civil society is defined against blackness.
Pak 12, Yumi, Outside Relationality: Autobiographical Deformations and the Literary Lineage of Afro-Pessimism in 20th and 21st Century African American Literature, 2012, http://escholarship.org/uc/item/2h76s393~~#page-1
Blackness functions as a scandal to ontology because, as Wilderson states, black suffering forms the ethical backbone of civil society. He writes, ~c~hattel slavery did not simply reterritorialize the ontology of the African. It also created the Human out of cultural disparate identities from Europe to the East… Put another way, through chattel slavery the world gave birth and coherence to both its joys of domesticity and to its struggles of political discontent, and with these joys and struggles, the Human was born, but not before it murdered the Black, forging a symbiosis between the political ontology of Humanity and the social death of Blacks. (Red, White and Black 20 – 21)
The loss of culture for the slave creates social death
Barlow 2, Jr. Michael, Addressing Shortcomings in Afro-Pessimism, 2016, http://www.inquiriesjournal.com/articles/1435/addressing-shortcomings-in-afro-pessimism
One of the most controversial tenants of Afro-Pessimism is the ontological concept by which the Black is understood: social death. This concept comes from Orlando Patterson who conducted a comparative study of 65 slaveholding cultures including Africa, Greece, Rome, Medieval Europe, China, and others (Franklin 1983). Social death relates to the inability to hold and wield power within society. It is the ultimate position of numbness; it is the state of existing as a mere commodity submissive to the rule of the master. Common definitions of slavery begin with some level of ownership that reduces the body to property, but Patterson draws an important delineation between slaveness and property. Ownership fails to speak to the level of ontology. Thus, slavery is more accurately understood as "the permanent, violent domination of natally alienated and generally dishonored persons" (Patterson 1982).From this comes the three tenants of social death: natal alienation, general dishonor, and powerlessness. First, natal alienation refers to the initial and continued separation of the slave from biological and cultural ties. While the slave undoubtedly formed kinship structures on the plantation, natal alienation speaks to the way in which slaves were inhuman in their inability to move "freely to integrate the experience of their ancestors into their lives, to inform understanding of social reality with the inherited meanings of their forebears, or to anchor the living present in any conscious community of memory" (Patterson 1982). It is not to say that kinship structures on the plantation were insignificant, but to highlight that the loss of natal ties is significant at the level of ontology. The fact that the descendants of slaves are now referred to by their relationship to the entire continent rather than a specific ethnic community is telling in this regard. Even when there are Black productions of culture in terms of music, food, or clothing, it is inevitably consumed and commodified by society. This cultural consumption should not be mistaken as acceptance, but rather it is an "expression of ontological expansiveness, which is a habit of white privileged people to treat all spaces—whether geographical, existential, linguistic, cultural, or other—as available for them to inhabit at their choosing" (Sullivan 2008). The Black exists in a state of cultural impossibility where it has no organic heritage and those artificial cultural products are appropriated by the libidinal desires of whiteness. The absence of natal relationality highlights the ontological nature of Blackness because it separates Black bodies from every other subject position in that they exist in the world without lineage.
The alternative is to reject the law and to engage in unflinching critical analysis of how the state causes anti-blackness. We must completely withdraw from the logic of civil society.
Kokontis 11 Kate, PhD in Performance Studies from UC-Berkeley, "Performative Returns and the Rememory of History: genealogy and performativity in the American racial state," Dissertation available on Proquest
On one hand, she addresses the literal politics that the theological narratives espouse. There is a long tradition of deploying the Exodus narrative toward the pursuit of social reform. That is, instead of appealing to it in a way that focuses on the next world, "~t~hrough biblical typology, particularly uses of Exodus, African Americans elevated their common experiences to biblical drama and found resources to account for their circumstances and respond effectively to them. ~...~ Exodus history sustained hope and a sense of possibility in the face of insurmountable evil. The analogical uses of the story enabled a sense of agency and resistance in persistent moments of despair and disillusionment."64 But even these efforts have – not exclusively, but often – relied on a particular iteration of the social gospel that presupposes a set of moral and institutional imperatives (for instance, the ideal of training racial, religious, sexual, social, or institutional "deviants" or outlyers to behave according to an ostensibly correct set of moral principles) that run counter to a radical critique of the underlying terms of the state and civil society which tend to ratify, naturalize, and invisibilize antiblackness and/or policies that adversely impact black people who are not part of the middle class, rather than to critique or subvert it. Hartman, on the other hand, does call for, and mount, a radical critique of the terms of the state and civil society: for her, they are inherently unethical rather than redeemable, having engendered centuries of black social death and historical unknowability, and thus any struggle toward freedom demands an unflinching critical analysis rather than an implicit or explicit ratification of these institutions and the terms on which they are predicated. But more fundamentally, she addresses the political implications of the assumptive logic of a theological teleology. I interpret Hartman to posit that there is a kind of freedom that can be predicated on not-knowing: if there is no predetermined future, there is no divine imperative that might encourage an investment in the moral prescriptions of a conservative social gospel: a toppled faith in the redemptive possibilities of the struggle has the potential to open the door to invention, speculation, refashioning, and cobbling together something from nothing, presence from absence. I interpret her to posit that a viable freedom dream necessitates the acknowledgment of loss and absence and the history of processes of dehumanizing antiblackness, the acknowledgement of the wound and its psychic, social, political, and ethical causes ~and~ – as well as an acknowledgement of its persistence – rather than being deluded by tidy or optimistic but under-analyzed narratives of progress or redemption. Only then can any realistic stock be taken toward re-imagining the world and the possibilities and imperatives of a black freedom struggle. While Haley and Gates draw on narratives that say that the past, including its suffering, was meaningful, Hartman offers what might appear to be a much bleaker interpretation that insists that it is meaningless insofar as it is not folded into any sort of teleology. But in that is a kind of freedom/dream, because the subjects of her narrative are free from a predetermination of the terms on which liberation is possible, the structures around its enactment. What she calls for is a profound refashioning of the epistemology of the invisible, which is as fundamental a component of the black freedom struggle as is an epistemology of verifiable evidence of oppression. That is, she advocates the excavation of psychic structures and historical silences to replace an implicit or explicit faith in a divine logic in the (racial) order of things. Genealogy cannot connect with the unknown, so it becomes a ghost story, an excavation. The term might then be interpreted less as a means of accessing literal ancestors, and more as a process toward understanding. Hartman constructs, in her text, not a genealogy of anyone's family, but a genealogy of the stranger, of the slave; a genealogy of loss, of the lost, of searching. Projects that make use of imaginative, performative, quasi-fictional or poetic devices can't rest with not-knowing: the imaginative devices emerge, in fact, from attempts to piece together or construct/invent evidence from its lack. They all insist on the importance of knowing, whether because of some large-scale sense of collective responsibility, or because of personal yearning, or both. The imaginative devices don't exist for the sake of being imaginative; they exist for the sake of survival. But in being imaginative, they allow for radical possibilities to emerge that literality forecloses. Part of what performance might offer the study of history is a) different keys to be able to fill in the gaps, that aren't so heavily reliant upon explicit, legible empiricism, and b) not only permission for, but encouragement of what uncertainty can yield.
This solves the case (explain…)

Role of the Ballot

The Role of the Ballot is to resist anti-blackness in every instance. Anything else is just intellectual gymnastics to avoid talking about oppression, excluding oppressed debaters.  
Smith 13, Elijah "A Conversation in Ruins: Race and Black Participation in Lincoln Douglas Debate." Vbriefly. September 6, 2013
At every tournament you attend this year look around the cafeteria and take note of which students are not sitting amongst you and your peers. Despite being some of the best and the brightest in the nation, many students are alienated from and choose to not participate in an activity I like to think of as homeplace. In addition to the heavy financial burden associated with national competition, the exclusionary atmosphere of a debate tournament discourages black students from participating. Widespread awareness of the same lack of participation in policy debate has led to a growing movement towards alternative styles and methods of engaging the gatekeepers of the policy community, (Reid-Brinkley 08) while little work has been done to address or even acknowledge the same concern in Lincoln Douglas debate. Unfortunately students of color are not only forced to cope with a reality of structural violence outside of debate, but within an activity they may have joined to escape it in the first place. We are facing more than a simple trend towards marginalization occurring in Lincoln Douglas, but a culture of exclusion that locks minority participants out of the ranks of competition. It will be uncomfortable, it will be hard, and it will require continued effort but the necessary step in fixing this problem, like all problems, is the community as a whole admitting that such a problem with many "socially acceptable" choices exists in the first place. Like all systems of social control, the reality of racism in debate is constituted by the singular choices that institutions, coaches, and students make on a weekly basis. I have watched countless rounds where competitors attempt to win by rushing to abstractions to distance the conversation  from the material reality that black debaters are forced to deal with every day. One of the students I coached, who has since graduated after leaving debate, had an adult judge write out a ballot that concluded by "hypothetically" defending my student being lynched at the tournament. Another debate concluded with a young man defending that we can kill animals humanely, "just like we did that guy Troy Davis". Community norms would have competitors do intellectual gymnastics or make up rules to accuse black debaters of breaking to escape hard conversations but as someone who understands that experience, the only constructive strategy is to acknowledge the reality of the oppressed, engage the discussion from the perspective of authors who are black and brown, and then find strategies to deal with the issues at hand. It hurts to see competitive seasons come and go and have high school students and judges spew the same hateful things you expect to hear at a Klan rally. A student should not, when presenting an advocacy that aligns them with the oppressed, have to justify why oppression is bad. Debate is not just a game, but a learning environment with liberatory potential. Even if the form debate gives to a conversation is not the same you would use to discuss race in general conversation with Bayard Rustin or Fannie Lou Hamer, that is not a reason we have to strip that conversation of its connection to a reality that black students cannot escape.

Add-On Roleplaying Bad

Fiat is illusory- colleges aren't spurred into action by voting aff. The aff is merely addictive roleplay which breeds self-hatred- turns the case because it means the plan opens up a space for tyranny
Antonio 95 (Nietzsche's antisociology: Subjectified Culture and the End of History"; American Journal of Sociology; Volume 101, No. 1; July 1995, jstor,)
According to Nietzsche, the "subject" is Socratic culture's most central, durable foundation. This prototypic expression of ressentiment, master reification, and ultimate justification for slave morality and mass discipline "separates strength from expressions of strength, as if there were a neutral substratum . . . free to express strength or not to do so. But there is no such substratum; there is no 'being' behind the doing, effecting, becoming; 'the doer' is merely a fiction added to the deed" (Nietzsche 1969b, pp. 45-46). Leveling of Socratic culture's "objective" foundations makes its "subjective" features all the more important. For example, the subject is a central focus of the new human sciences, appearing prominently in its emphases on neutral standpoints, motives as causes, and selves as entities, objects of inquiry, problems, and targets of care (Nietzsche 1966, pp. 19-21; 1968a, pp. 47-54). Arguing that subjectified culture weakens the personality, Nietzsche spoke of a "remarkable antithesis between an interior which fails to correspond to any exterior and an exterior which fails to correspond to any interior" (Nietzsche 1983, pp. 78-79, 83). The "problem of the actor," Nietzsche said, "troubled me for the longest time."'12 He considered "roles" as "external," "surface," or "foreground" phenomena and viewed close personal identification with them as symptomatic of estrangement. While modern theorists saw differentiated roles and professions as a matrix of autonomy and reflexivity, Nietzsche held that persons (especially male professionals) in specialized occupations overidentify with their positions and engage in gross fabrications to obtain advancement. They look hesitantly to the opinion of others, asking themselves, "How ought I feel about this?" They are so thoroughly absorbed in simulating effective role players that they have trouble being anything but actors-"The role has actually become the character." This highly subjectified social self or simulator suffers devastating inauthenticity. The powerful authority given the social greatly amplifies Socratic culture's already self-indulgent "inwardness." Integrity, decisiveness, spontaneity, and pleasure are undone by paralyzing overconcern about possible causes, meanings, and consequences of acts and unending internal dialogue about what others might think, expect, say, or do (Nietzsche 1983, pp. 83-86; 1986, pp. 39-40; 1974, pp. 302-4, 316-17). Nervous rotation of socially appropriate "masks" reduces persons to hypostatized "shadows," "abstracts," or simulacra. One adopts "many roles," playing them "badly and superficially" in the fashion of a stiff "puppet play." Nietzsche asked, "Are you genuine? Or only an actor?  A representative or that which is represented? . . . ~Or~ no more than an imitation of an actor?" Simulation is so pervasive that it is hard to tell the copy from the genuine article; social selves "prefer the copies to the originals" (Nietzsche 1983, pp. 84-86; 1986, p. 136; 1974, pp. 232- 33, 259; 1969b, pp. 268, 300, 302; 1968a, pp. 26-27). Their inwardness and aleatory scripts foreclose genuine attachment to others. This type of actor cannot plan for the long term or participate in enduring networks of interdependence; such a person is neither willing nor able to be a "stone" in the societal "edifice" (Nietzsche 1974, pp. 302-4; 1986a, pp. 93-94). Superficiality rules in the arid subjectivized landscape. Neitzsche (1974, p. 259) stated, "One thinks with a watch in one's hand, even as one eats one's midday meal while reading the latest news of the stock market; one lives as if one always 'might miss out on something. ''Rather do anything than nothing': this principle, too, is merely a string to throttle all culture. . . . Living in a constant chase after gain compels people to expend their spirit to the point of exhaustion in continual pretense and overreaching and anticipating others." Pervasive leveling, improvising, and faking foster an inflated sense of ability and an oblivious attitude about the fortuitous circumstances that contribute to role attainment (e.g., class or ethnicity). The most mediocre people believe they can fill any position, even cultural leadership. Nietzsche respected the self-mastery of genuine ascetic priests, like Socrates, and praised their ability to redirect ressentiment creatively and to render the "sick" harmless. But he deeply feared the new simulated versions. Lacking the "born physician's" capacities, these impostors amplify the worst inclinations of the herd; they are "violent, envious, exploitative, scheming, fawning, cringing, arrogant, all according to circumstances. " Social selves are fodder for the "great man of the masses." Nietzsche held that "the less one knows how to command, the more urgently one covets someone who commands, who commands severely- a god, prince, class, physician, father confessor, dogma, or party conscience. The deadly combination of desperate conforming and overreaching and untrammeled ressentiment paves the way for a new type of tyrant (Nietzsche 1986, pp. 137, 168; 1974, pp. 117-18, 213, 288-89, 303-
Roleplaying causes psychological violence and assumes an distanced view that creates imperialism.
Reid-Brinkley 08, Dr. Shanara , University of Pittsburgh Department of Communications, "THE HARSH REALITIES OF "ACTING BLACK": HOW AFRICAN-AMERICAN POLICY DEBATERS NEGOTIATE REPRESENTATION THROUGH RACIAL PERFORMANCE AND STYLE" 2008
And participation does not result in the majority of the debate community engaging in activism around the issues they research. Mitchell observes that the stance of the policymaker in debate comes with a "sense of detachment associated with the spectator posture."115 In other words, its participants are able to engage in debates where they are able to distance themselves from the events that are the subjects of debates.  Debaters can throw around terms like torture, terrorism, genocide and nuclear war without blinking. Debate simulations can only serve to distance the debaters from real world participation in the political contexts they debate about. As William Shanahan remarks: …the topic established a relationship through interpellation that inhered irrespective of what the particular political affinities of the debaters were. The relationship was both political and ethical, and needed to be debated as such. When we blithely call for United States Federal Government policymaking, we are not immune to the colonialist legacy that establishes our place on this continent. We cannot wish away the horrific atrocities perpetrated everyday in our name simply by refusing to acknowledge these implications" (emphasis in original).  The "objective" stance of the policymaker is an impersonal or imperialist persona. The policymaker relies upon "acceptable" forms of evidence, engaging in logical discussion, producing rational thoughts. As Shanahan, and the Louisville debaters' note, such a stance is integrally linked to the normative, historical and contemporary practices of power that produce and maintain varying networks of oppression. In other words, the discursive practices of policy oriented debate are developed within, through and from systems of power and privilege. Thus, these practices are critically implicated in the maintenance of hegemony. So, rather than seeing themselves as government or state actors, Jones and Green choose to perform themselves in debate, violating the more "objective" stance of the "policymaker" and require their opponents to do the same.

Tournament: CPS | Round: 2 | Opponent: Harvard-Westlake KK | Judge: Arjun Tambe

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1NC Shell

A. Interpretation: The affirmative may not specify a specific form of constitutionally protected speech that they defend not restricting.
"Any" when used in a negative sentence is a weak determiner referring to an indefinite number of things AND cannot be used for a singular countable thing
Cambridge Dictionary writes ~Cambridge English Dictionary, "Any," Cambridge University Press, Accessed 12-4-2016, http://dictionary.cambridge.org/us/grammar/british-grammar/quantifiers/any~~ JW
Any as a determiner We use any before nouns to refer to indefinite or unknown quantities or an unlimited entity: Did you bring any bread? Mr Jacobson refused to answer any questions. If I were able to travel back to any place and time in history, I would go to ancient China. Any as a determiner has two forms: a strong form and a weak form. The forms have different meanings. Weak form any: indefinite quantities We use any for indefinite quantities in questions and negative sentences. We use some in affirmative sentences: Have you got any eggs? I haven't got any eggs. I've got some eggs. Not: I've got any eggs. We use weak form any only with uncountable nouns or with plural nouns: ~talking about fuel for the car~ Do I need to get any petrol? (+ uncountable noun) There aren't any clean knives. They're all in the dishwasher. (+ plural noun) Warning: We don't use any with this meaning with singular countable nouns: Have you got any Italian cookery books? (or … an Italian cookery book?) Not: Have you got any Italian cookery book?
B. Violation: They only defend journalist speech
C. Standards 

1. Grammar:
   2. Limits:  
   3. Topical version of the aff solves:
   D. Voters

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Hate speech is permissible under the first amendment despite the exceptions

Volokh 15 ~Eugene Volokh, Law Professor at UCLA, "No, there's no "hate speech" exception to the First Amendment," The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262~~ JW
I keep hearing about a supposed "hate speech" exception to the First Amendment
AND
that people might condemn but that does not constitute a legally relevant category.

Free speech used as a cover to justify hate speech like anti-semitic speech

Marcus 08 ~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW
During recent years, American college campuses have seen numerous alarming examples8° of the
AND
This has been an enormous challenge for civil rights enforcement in this area.

Empirics prove that hate speech leads to hate crimes

Singh 12 ~Hansdeep Singh, Co-Founder and Director of Legal Programs for the International Center for Advocates Against Discrimination, Simran Jeet Singh, a scholar and activist who writes primarily on culture and religion "The Rise of Hate Crimes Can Be Tied Directly to Hateful Speech," The Daily Beast, Sept. 6, 2012, http://www.thedailybeast.com/articles/2012/09/06/the-rise-of-hate-crimes-can-be-tied-directly-to-hateful-speech.html~~ JW
Although there are flaws in the FBI's method of tracking and monitoring hate crimes,
AND
this great nation—the discrimination and "othering" of minority communities.

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CP Text: AFF actors should remove all restrictions on constitutionally protected free speech, and ban the usage of all hate speech, including hate speech not protected by the First Amendment. Hate speech poses a direct threat to the oppressed. Banning it is necessary to promote inclusiveness.

Jared Taylor summarizes Waldron, 12, Why We Should Ban "Hate Speech", American Renaissance, summarizing Jeremy Waldron, The Harm in Hate Speech, Harvard University Press, 2012, 292 pp., 26.95. 8/24/12, http://www.amren.com/features/2012/08/why-we-should-ban-hate-speech/ Note – Taylor does not agree with but is summarizing Waldron's position LADI
First-Amendment guarantees of free speech are a cherished part of the American tradition
AND
in which it is considered fine to beat up and drive out minorities.

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Debate should deal with the real-world consequences of oppression.

Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
AND
used to currently justify the living wages in under our contemporary moral parameters.

Ethics is divided between ideal and non-ideal theory. Ideal theory ask what justice demands in a perfect world while non-ideal theory ask what justice demands in a world that is already unjust. Prefer non-ideal theory as a meta-ethical starting point:

1. Motivation: Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, "Ideal Theory" as Ideology, 2005

"A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn't have to worry about the actual. But even for mainstream ethics this wouldn't work, since, of course, ought is supposed to impl~ies~ can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could anyone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what "model" or "ideal" means), the normative here has come ~is~ close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn't this, on the face of it, just completely implausible?"

2. Descriptive Ideality: ideal theory ignores social realities, which in turn contradicts ideals. Normative ideals aren't created separately from the social norms that govern us because those influence what we can count as an ideal in the first place.  MILLS 2: Charles W. Mills, "Ideal Theory" as Ideology, 2005

 "I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, is in fact the correct one. If we start from what is presumably the uncontroversial premise that the ultimate point of ethics is to guide our actions and make ourselves better people and the world a better place, then the framework above will not only be unhelpful, but will in certain respects be deeply antithetical to the proper goal of theoretical ethics as an enterprise. In modeling humans, human capacities, human interaction, human institutions, and human society on ideal-as-idealized-models, in never exploring how deeply different this is from ideal-as-descriptive-models, we are abstracting away from realities crucial to our comprehension of the actual workings of injustice in human interactions and social institutions, and thereby guaranteeing that the ideal-as-idealized-model will never be achieved." (170)

Thus, the standard is resisting material inequalities. Non-ideal theory necessitates consequentialism since instead of following rules that assume an already equal playing field, we take steps to correct the material injustice.

Tournament: CPS | Round: 3 | Opponent: Brentwood WJ | Judge: Michael Harris

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1NC

Free Speech Link: Free speech protections are not neutral. They're what conservatives and large corporations use to cover their actions

Balkin 90 ~J.M. BALKIN, Professor of Law and Graves, Dougherty, Hearon, and Moody Centennial Faculty Fellow, University of Texas, "SOME REALISM ABOUT PLURALISM: LEGAL REALIST APPROACHES TO THE FIRST AMENDMENT," Duke Law Journal, June 1990~ JW
A similar transformation, I suspect, is overtaking the principle of free speech today
AND
the absolutist interpretation of the first amendment that the left traditionally has favored.

The First Amendment is seen as a neutral mechanism to produce a free marketplace of ideas when in actuality it favors a status quo that maintains oppressive power structures

Delgado 94 ~Delgado, Richard. Charles Inglis Thomson Professor of Law, University of Colorado, "First Amendment formalism is giving way to First Amendment legal realism." Harv CR-CLL Rev. 29 (1994): 169~
First, the paradigm includes an awareness of the First Amendment's limitations. Early in
AND
so that they have little credibility in the eyes of listeners.' 9

Protests at the University of Missouri prove this true. Unhindered exercise of the First Amendment structurally antagonizes black students

Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^th, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb
If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong
AND
going to help our country live up to what we say we believe." 

Ignoring the rule of law's hidden violence fuels euro-centric imperialism

Dossa 99 ~Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, "Liberal Legalism: Law, Culture and Identity," The European Legacy, Vol. 4, No. 3, pp. 73-87,1~
Law's imperial reach, it massive authority, in liberal politics is a brute,
AND
in last two centuries in articulating a dismissive image of the native Other.

The alternative is to embrace the indeterminacy of the law. The rule of law only has power when people believe in its objective power

Hasnas 95 ~John Hasnas, Associate Professor McDonough School of Business Georgetown University, "The Myth of the Rule of Law," Wisconsin Law Review 199 (1995) http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm~~ JW
Let us assume that I have failed to convince you of the impossibility of reforming
AND
the law to make it wholly definite and consistent, we should not.

The Role of the Judge is to be a critical legal educator that tests the underlying assumptions of the aff. Engaging in critical examination of the law enables us to challenge its imperialistic violence. Omitting this analysis is to be complicit with the violence the law creates

Valdes 03 ~Francisco Valdes, Professor of Law and Co-Director, Center for Hispanic and Caribbean Legal Studies, University of Miami, "Outsider Jurisprudence, Critical Pedogogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education," Asian American Law Journal Vol 10 Issue 1, January 2003~ JW
Critical educational theorists have shown how all forms of education eventually become institutions that tend
AND
within the confines of formal legal education in the United States today. 

The role of the ballot is to reject unequal power structures – this is the only way to make educational spaces truly fair

Trifonas 03 ~PETER PERICLES TRIFONAS. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE/ RoutledgeFalmer. New York, London. 2003. Questia~

• • Thus, paying attention to how power operates along axes of gender, race
    AND
    teaching and learning as a mutual and collaborative act between teachers and students. 

2-off

Hate speech is permissible under the first amendment despite the exceptions

Volokh 15 ~Eugene Volokh, Law Professor at UCLA, "No, there's no "hate speech" exception to the First Amendment," The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262~~ JW
I keep hearing about a supposed "hate speech" exception to the First Amendment
AND
that people might condemn but that does not constitute a legally relevant category.

Free speech used as a cover to justify hate speech like anti-semitic speech

Marcus 08 ~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW
During recent years, American college campuses have seen numerous alarming examples8° of the
AND
This has been an enormous challenge for civil rights enforcement in this area.

Empirics prove that hate speech leads to hate crimes

Singh 12 ~Hansdeep Singh, Co-Founder and Director of Legal Programs for the International Center for Advocates Against Discrimination, Simran Jeet Singh, a scholar and activist who writes primarily on culture and religion "The Rise of Hate Crimes Can Be Tied Directly to Hateful Speech," The Daily Beast, Sept. 6, 2012, http://www.thedailybeast.com/articles/2012/09/06/the-rise-of-hate-crimes-can-be-tied-directly-to-hateful-speech.html~~ JW
Although there are flaws in the FBI's method of tracking and monitoring hate crimes,
AND
this great nation—the discrimination and "othering" of minority communities.

Turn: silencing people is inevitable but harassment creates an even greater chilling effect in both students and faculty

Marcus 2 ~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW
Unavoidably, antidiscrimination law will have the effect of silencing some discriminators, just as
AND
they will be accused of trying to silence debate or suppress academic freedom.

Tournament: CPS | Round: 6 | Opponent: Ashland GD | Judge: Sheelah Bearfoot

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Free Speech Link: Free speech protections are not neutral. They're what conservatives and large corporations use to cover their actions

Balkin 90 ~J.M. BALKIN, Professor of Law and Graves, Dougherty, Hearon, and Moody Centennial Faculty Fellow, University of Texas, "SOME REALISM ABOUT PLURALISM: LEGAL REALIST APPROACHES TO THE FIRST AMENDMENT," Duke Law Journal, June 1990~ JW
A similar transformation, I suspect, is overtaking the principle of free speech today
AND
the absolutist interpretation of the first amendment that the left traditionally has favored.

The First Amendment is seen as a neutral mechanism to produce a free marketplace of ideas when in actuality it favors a status quo that maintains oppressive power structures

Delgado 94 ~Delgado, Richard. Charles Inglis Thomson Professor of Law, University of Colorado, "First Amendment formalism is giving way to First Amendment legal realism." Harv CR-CLL Rev. 29 (1994): 169~
First, the paradigm includes an awareness of the First Amendment's limitations. Early in
AND
so that they have little credibility in the eyes of listeners.' 9

Protests at the University of Missouri prove this true. Unhindered exercise of the First Amendment structurally antagonizes black students

Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^th, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb
If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong
AND
going to help our country live up to what we say we believe." 

Ignoring the rule of law's hidden violence fuels euro-centric imperialism

Dossa 99 ~Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, "Liberal Legalism: Law, Culture and Identity," The European Legacy, Vol. 4, No. 3, pp. 73-87,1~
Law's imperial reach, it massive authority, in liberal politics is a brute,
AND
in last two centuries in articulating a dismissive image of the native Other.

The alternative is to embrace the indeterminacy of the law. The rule of law only has power when people believe in its objective power

Hasnas 95 ~John Hasnas, Associate Professor McDonough School of Business Georgetown University, "The Myth of the Rule of Law," Wisconsin Law Review 199 (1995) http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm~~ JW
Let us assume that I have failed to convince you of the impossibility of reforming
AND
the law to make it wholly definite and consistent, we should not.

The Role of the Judge is to be a critical legal educator that tests the underlying assumptions of the aff. Engaging in critical examination of the law enables us to challenge its imperialistic violence. Omitting this analysis is to be complicit with the violence the law creates

Valdes 03 ~Francisco Valdes, Professor of Law and Co-Director, Center for Hispanic and Caribbean Legal Studies, University of Miami, "Outsider Jurisprudence, Critical Pedogogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education," Asian American Law Journal Vol 10 Issue 1, January 2003~ JW
Critical educational theorists have shown how all forms of education eventually become institutions that tend
AND
within the confines of formal legal education in the United States today. 

The role of the ballot is to reject unequal power structures – this is the only way to make educational spaces truly fair

Trifonas 03 ~PETER PERICLES TRIFONAS. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE/ RoutledgeFalmer. New York, London. 2003. Questia~

• • Thus, paying attention to how power operates along axes of gender, race
    AND
    teaching and learning as a mutual and collaborative act between teachers and students. 

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Current protections against hate speech are working – on campus harrassment is decreasing nationally now.  Sutton 16

Sutton 16 Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16,http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/full  
A recent report released by the National Center for Education Statistics found an overall decrease
AND
lower than in 2001 for every category except forcible sex offenses and murder.

Hate speech is permissible under the first amendment despite the exceptions

Volokh 15 ~Eugene Volokh, Law Professor at UCLA, "No, there's no "hate speech" exception to the First Amendment," The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262~~ JW
I keep hearing about a supposed "hate speech" exception to the First Amendment
AND
that people might condemn but that does not constitute a legally relevant category.

Free speech used as a cover to justify hate speech like anti-semitic speech

Marcus 08 ~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW
During recent years, American college campuses have seen numerous alarming examples8° of the
AND
This has been an enormous challenge for civil rights enforcement in this area.

Empirics prove that hate speech leads to hate crimes

Singh 12 ~Hansdeep Singh, Co-Founder and Director of Legal Programs for the International Center for Advocates Against Discrimination, Simran Jeet Singh, a scholar and activist who writes primarily on culture and religion "The Rise of Hate Crimes Can Be Tied Directly to Hateful Speech," The Daily Beast, Sept. 6, 2012, http://www.thedailybeast.com/articles/2012/09/06/the-rise-of-hate-crimes-can-be-tied-directly-to-hateful-speech.html~~ JW
Although there are flaws in the FBI's method of tracking and monitoring hate crimes,
AND
this great nation—the discrimination and "othering" of minority communities.

Turn: silencing people is inevitable but harassment creates an even greater chilling effect in both students and faculty

Marcus 2 ~Kenneth L. Marcus, Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College School of Public Affairs, "Higher Education, Harassment, and First Amendment Opportunism," 16 Wm. and Mary Bill Rts. J. 1025 (2008), http://scholarship.law.wm.edu/wmborj/vol16/iss4/5~~ JW
Unavoidably, antidiscrimination law will have the effect of silencing some discriminators, just as
AND
they will be accused of trying to silence debate or suppress academic freedom.

cP Text: public colleges and universities shall not restrict free speech except in instances of hate speech.

3-off

Debate should deal with the real-world consequences of oppression.

Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
AND
used to currently justify the living wages in under our contemporary moral parameters.

Ethics is divided between ideal and non-ideal theory. Ideal theory ask what justice demands in a perfect world while non-ideal theory ask what justice demands in a world that is already unjust. Prefer non-ideal theory as a meta-ethical starting point:

1. Motivation: Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, "Ideal Theory" as Ideology, 2005

"A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn't have to worry about the actual. But even for mainstream ethics this wouldn't work, since, of course, ought is supposed to impl~ies~ can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could anyone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what "model" or "ideal" means), the normative here has come ~is~ close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn't this, on the face of it, just completely implausible?"

Tournament: Cal RR | Round: 1 | Opponent: Success Academy SC | Judge: Wheeler, Merrill

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K – Black Safe Spaces (2:50)

The politics of the 1AC removes safe spaces on college campuses – this impact turns and outweighs the case – safe spaces are uniquely key for marginalized communities to come together and actually engage in conversations about identity

Pickett 16 RaeAnn Pickett. August 31st 2016. Pickett is senior director of communications and public Affairs at the National Latina Institute for Reproductive Health and a Ms. Foundation Public Voices Fellows. Trigger Warnings and Safe Spaces Are Necessary. Published by TIME.
After the birth of my first son, I had postpartum depression. I was
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should be at the vanguard of modeling the way forward—not backward.

Imagine being stuck in a sort of vertigo that seems as if you have no where to go, no where to hide, no where to just be with people who understand your struggle – this is the analysis the 1AC fundamentally misses and affirms for more free speech – safe spaces on college campuses are necessary and needed to help black students deal with being black.

Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^th, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb
If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong
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going to help our country live up to what we say we believe." 

Forcing minorities to confront racial microaggressions without any other form of recourse or retreat induces racial "battle fatigue" that translates into actual material harms

Smith et al 07 ~William A. Smith University of Utah Walter R. Allen University of California, Los Angeles Lynette L. Danley University of Utah, ""Assume the Position . . . You Fit the Description" Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students," American Behavioral Scientist, 2007~ JW
Racial Microaggressions in Historically White Environments The concern about greater distress and academic attrition among
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broken between students of color and the HWI community (Smith, 2004)

Hate speech is permissible under the first amendment despite the exceptions

Volokh 15 ~Eugene Volokh, Law Professor at UCLA, "No, there's no "hate speech" exception to the First Amendment," The Washington Post, May 7, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/?utm_term=.9e1ed85e9262~~ JW
I keep hearing about a supposed "hate speech" exception to the First Amendment
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that people might condemn but that does not constitute a legally relevant category.

The roll of the ballot is to endorse the debater with the best methodology to liberate the oppressed

The roll of the judge is to be a critical educator

Thus, the alternative – safe spaces that are currently in the status quo should remain where they are. The negative cannot fiat more safe spaces will occur – but our method in the kritik is affirming the tangibility and productivity that safe spaces provide to black students on colleges campuses.

Okeke 16
Okeke ,Cameron .I'm a black UChicago graduate. Safe spaces got me through college. Cameron Okeke is currently earning a master's in bioethics at the Johns Hopkins Bloomberg School of Public Health and Berman Institute of Bioethics in Baltimore, Maryland. His views are his own and do not represent those of the institution he currently attends. Aug 29, 2016 http://www.vox.com/2016/8/29/12692376/university-chicago-safe-spaces-defense
The University of Chicago sent a dizzying letter to its freshman class last week,
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free. Don't let us in if you can't make room for us.

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A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
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$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
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University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
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, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
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says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
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o/w
scale 
size of link
Turns the 1AC

Tournament: Cal RR | Round: 3 | Opponent: Lynbrook VV | Judge: Phillips, Dosch

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A. Interpretation: the affirmative may not defend the resolution in one specific public college or university or set of public colleges and universities 

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Counterplan text: The United States federal government should establish congressional oversight over the National Insider Threat Policy. Status is unconditional.

The CP's oversight is key to allowing whistleblowers to criticize the military and resolves the chilling effect that stops them from coming out

Canterbury 14 (Angela, Director of Public Policy, "POGO's Angela Canterbury testifies on "Limitless Surveillance at the FDA: Protecting the Rights of Federal Whistleblowers" February 26, 2014, pg online @ http://www.pogo.org/our-work/testimony/2014/pogos-angela-canterbury-testifies.html um-ef)
Whistleblowers are the guardians of the public trust and safety. Without proper controls at
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and accountable to the American people. I look forward to your questions.

The Insiders Threat program affects thousands of military personnel preventing an effective check of military policies

Goztola 16 ~Kevin Goztola, managing editor of Shadowproof Press, "'Insider Threat' Program: Hundred Thousand Pentagon Personnel Under Total Surveillance," Common Dreams, January 8, 2016, http://www.commondreams.org/views/2016/01/08/insider-threat-program-hundred-thousand-pentagon-personnel-under-total-surveillance~~ JW
At least a hundred thousand military, civilian, and contractor personnel at the Defense
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no good reason for the government to be sharing this data at all.

Solves the case – creates Congressional oversight that prevents militaristic overreach of power

Goodman 13
(Melvin, PhD, former CIA Analyst, adjunct professor at Johns Hopkins University, former professor of international relations at the National War College, senior fellow at the Center for International Policy, "The Need for National Security Leaks," pg online @ https://consortiumnews.com/2013/06/19/the-need-for-national-security-leaks/ um-ef)
The attack line against whistleblowers Bradley Manning and Edward Snowden – that they should have
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and the media defer to authorized sources, we will need courageous whistleblowers.

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Brackets are for offensive language

Currently military academies are successfully implementing policies that combat sexual assault and stigma. Increased reporting indicates they are working.

Baldor and Elliot 16 ~LOLITA C. BALDOR and DAN ELLIOTT, Associated Press, "Pentagon: Reports of sexual assaults at major military academies surged in 2014-15 school year," US News, Jan. 8, 2016, http://www.usnews.com/news/politics/articles/2016-01-08/reports-of-sexual-assaults-spike-at-military-academies~~ JW
WASHINGTON (AP) — Reports of sexual assaults at the three major military academies
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or don't want to go through the emotional turmoil of a court case.

Permitting free speech on military academies opens the flood gate for toxic militaristic discourse about sexual assault

Witte 15 ~Brian Witte, writer at the Baltimore Sun,  "Civilian Naval Academy professor sues Navy over free speech," the Baltimore Sun, November 5, 2015, http://www.baltimoresun.com/g00/news/maryland/bs-md-bruce-fleming-naval-academy-lawsuit-20151105-story.html?i10c.referrer=~~ JW
*brackets from original text
A civilian professor at the U.S.
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Fleming for daring to criticize the ~Sexual Assault Prevention and Response Program.~"

This kind of discourse is exactly what justifies a culture of rape in militaries that affirms a violent misogynist power structure

Lucero 15 ~Gabriel Lucero, Master of Public Policy and Juris Doctor candidate at Duke University Sanford School of Public Policy and School of Law, "Military Sexual Assault: Reporting and Rape Culture," Sanford Journal of Public Policy, Vol. 6 No. 1 (Winter 2015), 1–32~ JW
"Rape culture," a term coined by feminists in the 1970s, is not
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to why victims ~survivors~ of military sexual assault are not reporting. 

Turns the aff

Neg advocacy text: I defend a world where we maintain status quo restrictions on constitutionally protected speech on military colleges and where we implement the CP.

Tournament: Cal RR | Round: 5 | Opponent: Harvard-Westlake EE | Judge: Tambe, Harris

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Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech. 

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Interp: Constitutionally protected speech refers to either (a) literal speaking or (b) symbolic speech, so the affirmative must not defend the lifting of restrictions on printed, written, or published material.

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CP Text: Public colleges and universities in the United States ought not restrict any constitutionally protected journalistic speech except in instances of plagiarism or fabrication of news articles

Plagiarism has happened on colleges and is not subject to copyright law.

SPLC 15 ~Student Press Law Center, advocate for student First Amendment rights, for freedom of online speech, and for open government on campus, "Avoiding plagiarism in the student media," August 31, 2015, http://www.splc.org/article/2015/08/avoiding-plagiarism-in-the-student-media~~ JW
"Plagiarist!" It is an accusation that strikes fear in the hearts of students
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unique reason as to why plagiarized articles are necessary to access the aff impacts

Students also straight up fabricate articles, making up quotes and sources

Tenore 12 ~Mallory Jean Tenore, managing editor of The Poynter Institute's website, "10 ways to prevent plagiarism, fabrication at college newspapers (and in any newsroom)" Poynter, October 8, 2012, https://www.poynter.org/2012/10-ways-to-prevent-plagiarism-fabrication-at-college-newspapers-and-in-any-newsroom/190754/~~ JW
Multiple news organizations have recently found themselves in the middle of plagiarism and fabrication scandals
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crazy how little support we give student journalists compared to what we expect."

Some university publications don't have external accountability which leads to educationally bankrupt journalism and an inability to check journalism

WSN 16, WSN Editorial Board, 2016, Fake News Problem Includes Quack Journalism, http://www.nyunews.com/2016/12/01/fake-news-problem-includes-quack-journalism/
Specifically on the university level, publications like The Odyssey have damaged journalism by providing
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Americans reject all kinds of fake news sites and support the genuine article.  

Plagiarism harms the academic environment in universities

Colantuono ~Florence Colantuono, "Academic Plagiarism." Explorable.~
The written word is used to gauge a persons experience and achievement, when something is plagiarized it does not afford the reader a true opportunity to understand the writer, to gauge progress in academia. Clearly this act impacts the writers learning. If when presented with a paper an unknowing instructor provides constructive criticism that is meant for the writer to help improve, it is wasted. The author can never know the status of their work if it is not their own. Academic plagiarism affects many people along the way. It obviously affects the person whose work has been plagiarized by not affording the author credit for hard work. It affects the person who commits' the plagiarism by not affording the person an opportunity to receive constructive feedback. By not sharing ones own ideas important milestones are missed. It affects the efforts of the instructor to gauge the material being taught as useful of not. Generally academic plagiarism affects the academic community as a whole. Academic success is based on the ability of the institution to affect both public and corporate policy, with a high plagiarism rate the institution will lose standing and creditability.

Tournament: DebateLA | Round: 2 | Opponent: Rowland Hall KO | Judge: Louisa Melcher, Nadia Hussein

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A. Interp: if the aff disclosed their advocacy text before round, they must read  that advocacy text in round in the 1AC
B. screenshots prpove
C. Standards:

1. Prep skew: moots the prep time given before round
   Lying is an independent voting issue
   D. voter-
2. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
   2. Fairness outweighs education
   Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.
   3. Drop the debater
   a) Recourse- Drop the arg always incentivizes abusive positions because worse case scenario you lose access to the arg but best case you win on an abusive arg. Drop the debater to incentives further checking of abuse and to deter abuse.
   4. Competing Interps
   a) Reasonability begs the question of what's reasonable, requiring arbitrary intervention for the judge to evaluate the round. Even if you set a brighltine its arbitrary, allowing you to always set a brightline that lets you get away with abuse.
   5. No RVIs
   a) RVI's prevent theory from checking abuse. I wouldn't want to initiate a theory debate against an abusive case if my opponent could win the theory debate on an RVI. This is especially bad since they knew what they were defending beforehand but I didn't ensuring a huge prep skew on theory already.
   b) Reciprocity-Theory is not a nib- you can go for link turns or impact turns- you can impact turn with fairness for who or link turn with arguments for why I violate or use the voters to generate offense on a new shell. Giving you another way out creates a 2:1 skew. 

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Regardless of constitutionality, Title IX requires colleges to restrict hostile speech or lose federal funding.

Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", pg. 60-61,)
Given these constitutional barriers, public university speech codes were on the way out until 
AND
ban offensive speech by students and diligently punish any violations of that ban. 

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND
the start of the recession will make it more difficult to achieve those goals

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CP Text: The United States federal government shall pass the Anti-Harassment Act which legally defines and punishes harassment.

CP solves the aff by eliminating the need for free speech codes on campuses to prevent harassment

Edelman 15 ~Robert Davis Edelman, "Experts Urge Congress to Protect Free Speech on Campus," Free Beacon, June 3, 2015, http://freebeacon.com/politics/experts-urge-congress-to-protect-free-speech-on-campus/~~ JW
Led by Greg Lukianoff, president and CEO of the Foundation for Individual Rights in
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Lukianoff said, they also "fail in the court of public opinion."

The Act solves the need for any speech codes

Lukianoff 6/1 ~Greg Lukianoff, President and CEO, Foundation for Individual Rights in Education, "My Testimony in Front of Congress About Free Speech on Campus (LIVE STREAM)," Huffington Post, June 1, 2016, http://www.huffingtonpost.com/greg-lukianoff/my-testimony-in-front-of_b_7494280.html~~ JW

1. Pass our campus anti-harassment act, which simply asks the federal
   AND
   of the most common, tenacious and unconstitutional speech codes in one stroke.

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Oppression NC (Long)

Debate should deal with the real-world consequences of oppression.

Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
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used to currently justify the living wages in under our contemporary moral parameters.

Ethics is divided between ideal and non-ideal theory. Ideal theory ask what justice demands in a perfect world while non-ideal theory ask what justice demands in a world that is already unjust. Prefer non-ideal theory as a meta-ethical starting point:

1. Motivation: Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, "Ideal Theory" as Ideology, 2005

"A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn't have to worry about the actual. But even for mainstream ethics this wouldn't work, since, of course, ought is supposed to impl~ies~ can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could anyone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what "model" or "ideal" means), the normative here has come ~is~ close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn't this, on the face of it, just completely implausible?"

2. Descriptive Ideality: ideal theory ignores social realities, which in turn contradicts ideals. Normative ideals aren't created separately from the social norms that govern us because those influence what we can count as an ideal in the first place.  MILLS 2: Charles W. Mills, "Ideal Theory" as Ideology, 2005

 "I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, is in fact the correct one. If we start from what is presumably the uncontroversial premise that the ultimate point of ethics is to guide our actions and make ourselves better people and the world a better place, then the framework above will not only be unhelpful, but will in certain respects be deeply antithetical to the proper goal of theoretical ethics as an enterprise. In modeling humans, human capacities, human interaction, human institutions, and human society on ideal-as-idealized-models, in never exploring how deeply different this is from ideal-as-descriptive-models, we are abstracting away from realities crucial to our comprehension of the actual workings of injustice in human interactions and social institutions, and thereby guaranteeing that the ideal-as-idealized-model will never be achieved." (170)

Tournament: DebateLA | Round: 4 | Opponent: Greenhill SK | Judge: Elijah Smith, David Dosch

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Brackets are for offensive language
CP Text: Public colleges and universities in the United States ought to restrict non-consensual image distribution.  
Murray 17, Christine. ""Revenge Porn" as a Form of Intimate Partner Violence." See the Triumph. N.p., n.d. Web. 08 Jan. 2017. http://www.seethetriumph.org/blog/revenge-porn-as-a-form-of-intimate-partner-violence.
Therefore, revenge porn ~non-consensual image distribution ~could be considered both a form of sexual abuse—because it involves forced or coerced sexual exploitation—and a form of emotional abuse, in that it is used to humiliate and control one's partner. It is also a serious infringement of one's privacy that can have many significant negative social and emotional effectsfor people who are targeted.  One of the participants in our research described the impact of revenge porn on her:  "I am powerless to keep him from doing what he pleases with the videos he took of me having sex without my knowledge or consent."  This quote captures the sense of powerlessness and loss of control that may accompany being targeted for revenge porn. Sharing—publicly and spitefully—the most intimate details of one's sexuality, sexual relationship, and private moments with one's partner has no place in a healthy relationship. Technology allows that sharing to go far beyond one's immediate social network and spread literally across the world in a matter of moments. Not only is this a violation of a person's privacy, it also can lead to safety risks, in that it can lead to stalking, unwanted sexual advances, and harassment by others, including strangers. Some people who are targeted even go so far as to change their names to protect themselves.  Unfortunately, laws haven't yet caught up to technology yet in the case of revenge porn. As Jill Filipovic said on The Guardian, "Right now, the law and our culture are both on the side of those who shame and humiliate women for sport, instead of those of us who just want to go about our normal lives." Some actions are being taken to create laws to stop revenge porn, such as in Pennsylvania and Illinois. A bill may even see its way into the U.S. Congress. However, until the laws catch up, more actions will be needed at the individual, community, and national level to support people who are targeted, hold offenders accountable, and raise awareness of this important issue. 

First Amendment protections extend to non consensual image distribution

Larkin 14 ~Paul J. Larkin Jr., Senior Legal Research Fellow, The Heritage Foundation, "Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, Oct. 1, 2014~ JW
The Internet serves as a forum for publication or exchange of ideas, expression,
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in the eyes of most."165 The Court answered, "No." 

The chance for non-consensual image distribution is extraordinarily high given the amount of sexting on campus

Reid 14 ~Samantha Reid, reporter at USA Today, "Study says 70 of students have sexted, so how do they feel about revenge porn?" USA Today, May 15, 2014, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ JW
College students are a key demographic affected by these laws –– according to a study
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young people that this issue most commonly affects that too can be problematic. 

This turns case – non-consensual image distribution causes chilling effect for victims who are afraid to speak out and are silenced.

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Free expression allows individuals to express truths about themselves and the world as they see
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constitutional rules, which would unnecessarily restrict legislative flexibility." 274 We agree.

This is a form of misogynist psychological violence that causes irreversible damage to victims.

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Victims' fear can be profound. They do not feel safe leaving their homes.
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injury on individual victims, it constitutes a vicious form of sex discrimination.

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Regardless of constitutionality, Title IX requires colleges to restrict hostile speech or lose federal funding.

Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", pg. 60-61,)
Given these constitutional barriers, public university speech codes were on the way out until 
AND
ban offensive speech by students and diligently punish any violations of that ban. 

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND
the start of the recession will make it more difficult to achieve those goals

Tournament: DebateLA | Round: 6 | Opponent: Harrison RP | Judge: Jordan Durrani, Chris Castillo

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Regardless of constitutionality, Title IX requires colleges to restrict hostile speech or lose federal funding.

Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", pg. 60-61,)
Given these constitutional barriers, public university speech codes were on the way out until 
AND
ban offensive speech by students and diligently punish any violations of that ban. 

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND
the start of the recession will make it more difficult to achieve those goals

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Brackets are for offensive language
CP Text: Public colleges and universities in the United States ought to restrict non-consensual image distribution.  
Murray 17, Christine. ""Revenge Porn" as a Form of Intimate Partner Violence." See the Triumph. N.p., n.d. Web. 08 Jan. 2017. http://www.seethetriumph.org/blog/revenge-porn-as-a-form-of-intimate-partner-violence.
Therefore, revenge porn ~non-consensual image distribution ~could be considered both a form of sexual abuse—because it involves forced or coerced sexual exploitation—and a form of emotional abuse, in that it is used to humiliate and control one's partner. It is also a serious infringement of one's privacy that can have many significant negative social and emotional effectsfor people who are targeted.  One of the participants in our research described the impact of revenge porn on her:  "I am powerless to keep him from doing what he pleases with the videos he took of me having sex without my knowledge or consent."  This quote captures the sense of powerlessness and loss of control that may accompany being targeted for revenge porn. Sharing—publicly and spitefully—the most intimate details of one's sexuality, sexual relationship, and private moments with one's partner has no place in a healthy relationship. Technology allows that sharing to go far beyond one's immediate social network and spread literally across the world in a matter of moments. Not only is this a violation of a person's privacy, it also can lead to safety risks, in that it can lead to stalking, unwanted sexual advances, and harassment by others, including strangers. Some people who are targeted even go so far as to change their names to protect themselves.  Unfortunately, laws haven't yet caught up to technology yet in the case of revenge porn. As Jill Filipovic said on The Guardian, "Right now, the law and our culture are both on the side of those who shame and humiliate women for sport, instead of those of us who just want to go about our normal lives." Some actions are being taken to create laws to stop revenge porn, such as in Pennsylvania and Illinois. A bill may even see its way into the U.S. Congress. However, until the laws catch up, more actions will be needed at the individual, community, and national level to support people who are targeted, hold offenders accountable, and raise awareness of this important issue. 

First Amendment protections extend to non consensual image distribution

Larkin 14 ~Paul J. Larkin Jr., Senior Legal Research Fellow, The Heritage Foundation, "Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, Oct. 1, 2014~ JW
The Internet serves as a forum for publication or exchange of ideas, expression,
AND
in the eyes of most."165 The Court answered, "No." 

The chance for non-consensual image distribution is extraordinarily high given the amount of sexting on campus

Reid 14 ~Samantha Reid, reporter at USA Today, "Study says 70 of students have sexted, so how do they feel about revenge porn?" USA Today, May 15, 2014, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ JW
College students are a key demographic affected by these laws –– according to a study
AND
young people that this issue most commonly affects that too can be problematic. 

This turns case – non-consensual image distribution causes chilling effect for survivors who are afraid to speak out and are silenced.

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Free expression allows individuals to express truths about themselves and the world as they see
AND
constitutional rules, which would unnecessarily restrict legislative flexibility." 274 We agree.

This is a form of misogynist psychological violence that causes irreversible damage to survivors.

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Victims' fear can be profound. They do not feel safe leaving their homes.
AND
injury on individual victims, it constitutes a vicious form of sex discrimination.

Tournament: Emory | Round: Doubles | Opponent: Newark Science DA | Judge: Wiora, Kuang, Fee

1-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

o/w
scale
size of link
Turns the 1AC

2-off

Brackets are for offensive language

First Amendment protections extend to non consensual image distribution

Larkin 14 ~Paul J. Larkin Jr., Senior Legal Research Fellow, The Heritage Foundation, "Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, Oct. 1, 2014~ JW
The Internet serves as a forum for publication or exchange of ideas, expression,
AND
in the eyes of most."165 The Court answered, "No." 

The chance for non-consensual image distribution is extraordinarily high given the amount of sexting on campus

Reid 14 ~Samantha Reid, reporter at USA Today, "Study says 70 of students have sexted, so how do they feel about revenge porn?" USA Today, May 15, 2014, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ JW
College students are a key demographic affected by these laws –– according to a study
AND
young people that this issue most commonly affects that too can be problematic. 

This is a form of misogynist psychological violence that causes irreversible damage to survivors  .

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Victims' fear can be profound. They do not feel safe leaving their homes.
AND
injury on individual victims, it constitutes a vicious form of sex discrimination.

Tournament: Emory | Round: 2 | Opponent: Greenhill BZ | Judge: Akhil Gandra

1-off

A. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

B. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

C. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

o/w
scale 
size of link
Turns the 1AC

Tournament: Emory | Round: 3 | Opponent: Christopher Colombus AT | Judge: Chris Castillo

Off

Interpretation: The affirmative must defend that a hypothetical world where public colleges and universities implement the resolution.
 

2-off

.  The Neg asks us to simply trust narratives. Such moves discount evidence and reduce epistemology to the value we are demanded to place in our sympathies with the authority of the person. When "performing evidence" substitutes for evidence, the appearance of legitimacy dooms the pursuit of knowledge and propagates decadence. I'm not saying that the narrative is false but I'm indicting their epistemological viewpoint.

Lewis Gordon 06—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p 28-29)
A striking feature (among many) of the contemporary intellectual climate, as I
AND
of past failures of certain social remedies take the form of perennial truths.

II. Their s ontologization of the constitutive foundation of the world is decadent. they exclude the possibility of meanings and concepts outside of their disciplinary boundaries,

Lewis Gordon 14—professor of philosophy, African and Judiac Studies at the University of Connecticut—2014 ("Disciplinary Decadence and the Decolonization of Knowledge," Africa Development 39.1: 81-92, 86-88).
Failure to appreciate reality sometimes takes the form of recoiling from it. An inward
AND
. It serves as further proof of the pathological nature of such people.

III. Decadence allows the colonization of methods, thinking, and destroys the possibility of a decolonized ethics of the oppressed to overturn.

Lewis Gordon 14—professor of philosophy, African and Judiac Studies at the University of Connecticut—2014 ("Disciplinary Decadence and the Decolonization of Knowledge," Africa Development 39.1: 81-92, 88).
The first is regarding the political significance of this critique. For politics to exist
AND
approaches, even in the name of liberation, face a similar fate.

Tournament: Emory | Round: 6 | Opponent: Greenhill SK | Judge: Scott Phillips

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A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

Tournament: Harvard Westlake | Round: Doubles | Opponent: Brentwood JD | Judge: Kuang, Gandra, Chapman

1-off

Regardless of constitutionality, Title IX requires colleges to restrict hostile speech or lose federal funding.

Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", pg. 60-61,)
Given these constitutional barriers, public university speech codes were on the way out until 
AND
ban offensive speech by students and diligently punish any violations of that ban. 

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND
the start of the recession will make it more difficult to achieve those goals

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Promoting free speech on colleges would entail rejecting endowments from partisan donors

Kurtz 15 ~Stanley Kurtz, senior fellow at the Ethics and Public Policy Center and a former adjunct fellow with Hudson Institute,"A Plan to Restore Free Speech on Campus," The National Review, December 7, 2015, http://www.nationalreview.com/corner/428122/plan-restore-free-speech-campus-stanley-kurtz~~ JW  
Fifth: Colleges and universities ought to adopt policies on institutional political neutrality based on
AND
Harvey Silverglate in its guide to academic freedom. Trustees should take note. 

College endowments are high now but college protests discourage endowments

Hartocollis 8/4 – Anemona Hartocollis, writer for NYT: August 4, 2016("College Students Protest, Alumni's Fondness Fades and Checks Shrink" New York Times Available at http://www.nytimes.com/2016/08/05/us/college-protests-alumni-donations.html?_r=0)
Scott MacConnell cherishes the memory of his years at Amherst College, where he discovered
AND
, said there was no evidence the drop was connected to campus protests.

Endowments are key to college quality

Leigh 14 ~Steven R. Leigh, dean of CU-Boulder's College of Arts and Sciences, "Endowments and the future of higher education," University of Colorado, Boulder College of Arts and Sciences, March 4, 2014, http://www.colorado.edu/artsandsciences/news-events/message-dean/endowments-and-future-higher-education~~ JW
These broad trends point directly to the need for CU-Boulder's College of Arts
AND
affirm the importance of higher education and enduringly preserve its viability and vitality.

Schools with large endowments are able to recruit more low-income students

Freedman 13 ~Josh Freedman, policy analyst in the Economic Growth Program at the New America Foundation, "Why American Colleges Are Becoming a Force for Inequality," The Atlantic, May 16, 2013, http://www.theatlantic.com/business/archive/2013/05/why-american-colleges-are-becoming-a-force-for-inequality/275923/~~ JW
Not all colleges, however, would need to raise tuition drastically to pay for
AND
schools - would only be able to preserve student revenues by raising tuition.

Tournament: Harvard-Westlake | Round: 2 | Opponent: Harker KS | Judge: Erik Legried

1-off

Regardless of constitutionality, Title IX requires colleges to restrict hostile speech or lose federal funding.

Bernstein 3 (David E. Bernstein – George Mason University Foundation Professor of Law with a focus on constitutional history, "You Can't Say That: The Growing Threat to Civil Liberties From Antidiscrimination Laws", "Censoring Campus Speech", pg. 60-61,)
Given these constitutional barriers, public university speech codes were on the way out until 
AND
ban offensive speech by students and diligently punish any violations of that ban. 

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND
the start of the recession will make it more difficult to achieve those goals

2-off

First Amendment protections extend to non consensual image distribution

Larkin 14 ~Paul J. Larkin Jr., Senior Legal Research Fellow, The Heritage Foundation, "Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, Oct. 1, 2014~ JW
The Internet serves as a forum for publication or exchange of ideas, expression,
AND
in the eyes of most."165 The Court answered, "No." 

The chance for non-consensual image distribution is extraordinarily high given the amount of sexting on campus

Reid 14 ~Samantha Reid, reporter at USA Today, "Study says 70 of students have sexted, so how do they feel about revenge porn?" USA Today, May 15, 2014, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ JW
College students are a key demographic affected by these laws –– according to a study
AND
young people that this issue most commonly affects that too can be problematic. 

This turns case – non-consensual image distribution causes chilling effect for survivors who are afraid to speak out and are silenced.

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Free expression allows individuals to express truths about themselves and the world as they see
AND
constitutional rules, which would unnecessarily restrict legislative flexibility." 274 We agree.

This is a form of misogynist psychological violence that causes irreversible damage to survivors  .

Citron 14 Danielle Keats Citron Mary Anne Franks 2014 "CRIMINALIZING REVENGE PORN" Wake Forest Law Review digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424andcontext=fac_pubs
Victims' fear can be profound. They do not feel safe leaving their homes.
AND
injury on individual victims, it constitutes a vicious form of sex discrimination.

3-off

1NC

CP Text: The United States federal government shall repeal the Patriot Act.

That's key to increase free speech and foster progressive criticism of the status quo on campuses.

Macdonald 03 Morgan MacDonald, Patriot Act stifles dissent on campus, Baltimore Sun, 11/24/03, http://articles.baltimoresun.com/2003-11-24/news/0311240117_1_student-groups-student-information-college-campuses LADI
AS A COLLEGE student, I am acutely aware of both the legal and social
AND
its implementation. The destruction of our educational freedom must not be allowed.

Tournament: Harvard-Westlake | Round: 4 | Opponent: Palo Alto CF | Judge: Michael OKrent

1-off

Interpretation: The affirmative must defend (resolution). You can discuss non-topical issues under the world of my interp, you just cannot claim that your advocacy is to fight them and that you should win for that.

2-off

1. They use a system of identifying disability that privileges a social model of conceptualizing impairment that marginalizes those with non-apparent impairments. This leads to a system where either disabled individuals have to self-identify with disability that stigmatizes those that don't appear "disabled enough" or it outright excludes them from their alternative. The question of who "counts" as disabled is the key question to resolve the efficacy of the aff.

Jill C.HUMPHREY, (Faculty of applied social science, the Open University, Researching disability politics, or, some problems with the social model in practice, Disability and Society 15.1)2000 The danger here is that the political principles of more powerful disabled actors can be prioritised over the personal perceptions of less powerful disabled actors until the principle of self-definition lapses into self-contradiction: DW ~W~e work with a lot of disabled people who are not interested in the social model or anything like that. What we've said is we won't use the language they've asked us to use about them—we'll just call them their name—it's not that difficult—you don't have to refer to that language necessarily, because you have to hold on to your principles as well.  Second, we can witness the silencing of impairments, as impairment is relegated to a clandestine and privatised space, an effectwhich Hughes and Paterson (1997) have attributed to the social model, and its dualism between impairment and disability. Whilst some interviewees were explicit about their impairments, these were people with apparent impairments in any event. One interlocutor enshrouded her impair¬ments in layers of secrecy so that after 2 hours of otherwise frank and detailed dialogues I was still bemused as to which impairments she had experienced. Whilst I was led to believe that different impairments had impacted differently upon her career in workplaces, trade unions and civil rights politics, the discursive absence around impairments in their specificity prevented me from developing an accurate or adequate understanding of her narrative: JCH: I find it interesting that you had, like, an invisible impairment that became, kind of, visible— DW: No, that was a different thing. JCH: Oh, that was a different thing—right. W: So then I was diagnosed as having something completely different. I've still got this other things but at the moment it's not so visible. (Emphases added.) At the time, my concerns that explicit interrogations could become oppressive intrusions meant that I accepted the veil of ignorance and castigated myself for my curiosity. Subsequently, I discovered that it was not just 'outsiders' who could be perplexed by these 'impairments with no name'. A blind man discussed his frus¬tration with other disability activists who challenged his inquiries as to the nature of their impairments—his standard reply was that it was an access issue not only for him, in virtue of his blindness, but also for them, in virtue of his role as a service-provider and access advisor. At the same time, this interviewee exhibited a more general awareness that both disability politics and disability theory had been dominated by people with particular disability identities like his own: DM: It's very convenient for people with apparent disabilities or impair¬ments to operate a social model which says. 'We don't want to discuss things in terms of 'impairments'. Because these people have got priority anyway, and impairment-related provision~in UNISONJ ... The trouble with it ~thesocial model~ is that it's very difficult ... for people with learning difficulties or other conditions ... which are not catered for ... to raise their concerns as things which need dealing with on a service level, without feeling that they're breaking the law and talking about impairments.Third, the right to self-define as disabled has as its logical corollary the duty to accept others' self-definitions, but suspicions that people are not who they claim to be circulate around the disabled communityin UNISON. Casting aspersions upon the purported disability of other group members in veiled or outright manners, with or without names attached, arose spontaneously during interviews. In my naivete, I neither comprehended nor challenged this at the time, but from re-reading and de-coding interview transcripts, I can discern three themes as follows: a self-defined disabled person may be suspected of not being disabled when they harbour a non-apparent impairment, and/or express views which diverge from the prevailing consensus, and/or simultaneously belong to one of the other self-organised groups. These themes, in turn, suggest the operation of hierarchies of impairments, ortho¬doxies and oppressions,respectively. This is a strange juncture, where the propensity to treat only tangible impairments as evidence of a bona fide disability identity clearly marginalises those with non-apparent impairments, such as learning or mental health ones, whilst the reluctance or refusal to differentiate between impairments by identifying them bolsters up the claims by people with apparent impairments that they represent all disabled people.The twist in the tale is that when other disabled people do become visible and audible in interrogating the hierarchy of impairments. they may find themselves once again marginalised as the other hierarchies of orthodoxies and oppressions come into play. For one thing, people with learning or mental health difficulties may speak with a different voice, given the qualitatively different stigmata attached to different impairments and given the fact that the social model has been developed by those with physical impairments, so that their contributions may be interpreted as deviating from prevailing orthodoxies. For another, people who belong to another oppressed group may be all too visible in their difference, but their blackness or gayness may be construed as detracting from their contributions as disability activists, given the propensities of each group to prioritise its own specific identification-discrimination nexus. The following intervie¬wee testifies to some of these dynamics: DM: People have the right to self-define. But what we've never said is who has got the right to challenge. So if somebody says 'I'm a disabled person; I've come to this disability group' I don't know how you can deal with your suspicion that they're not. In fact you can't deal with it. And you have to ask yourself why you want to deal with it ... ~names mentionedj ... But I'm absolutely convinced that there are lots of people who don't come to groups because they're frightened that they don't look disabled enough.Indeed, this hierarchy of impairments and this 'policing' of the disability identity does act to excludeUNISON members who believe that they experience the disabling effects of an impairment, but who suspect that they would not 'count' as disabled people according to the prevailing criteria in the disabled members' group. Evidence for this emerged during a detailed case-study of the lesbian and gay group, and two examples should suffice. The first example is of a lesbian who had been dyslexic since childhood, who had experienced a range of discriminations in edu¬cation, employment and everyday life, and who was registered as disabled with the Department of Employment. She sought to engage in her local disabled members' group, but disengaged after the first meeting: DL: I'm also disabled with an invisible disability, dyslexia ... I have to educate people about dyslexia as well ... An invisible disability is very difficult for people to cope with—you have to tell each new person, and then they each interpret it differently, and then they can forget ... And it's a fluid disability as well—it's manageable sometimes and unmanageable other times ... and people can't deal with that either ...' JCH: Did you ever go to the disabled members' group? DL: I did. And I got stared at when I walked in. By people who really should know better. JCH: Sorry. Why did you get stared at? This is not obvious to me! DL: Because I didn't look like I was disabled. The second example is, perhaps paradoxically, someone whose impairment was visible, but who dared not join the disabled members' group on the grounds that it was not 'severe' enough to be taken seriously by other group members. The impairment in question was skin allergies over her entire body, including facial disfigurement which is recognised under the Disability Discrimination Act 1995, as one of its few token gestures towards the social model of disability (Hqual Opportu¬nities Review, 1996). Nevertheless, this interviewee's self-definition as disabled was confounded and then crushed by her convictions that disability activists would define her as non-disabled: DL: 'I get quite bitter sometimes. I don't think I'm disabled, because I don't think that what I've got prevents me from functioning, or society doesn't prevent me from functioning. But it probably does ... And my skin tissue scars very easily, and I've got visible marks on my face, and people do look, and I do feel conscious of it, and I'm made to feel conscious of it. But I would feel like I was—what's the word?—an impostor if I attended a disability caucus for those reasons. I feel that the disability caucus excludes people like that ... Nobody takes things like that into account. JCH: The crazy thing is, that until people like you get involved in the disability movement in the union, then they won't take things like that into account! But that does put a big burden on you—or on people in your position—to come out and say 'Hey! We're here too! What about us?' DL: But I feel like mine is a minimal complication. Or whether I'm made to feel that way ...? The argument here is that the social model as operationalised within the UNISON group has both reified the disability identity and reduced it to particular kinds of impairments—physical, immutable, tangible and 'severe' ones—in a way which can deter many people from adopting a disabled identity and participating in a disability community.Whilst this indicates that the social model may harbour its own set of indigenous essentialisms and exclusions, the solution is not to capitulate to the other-imposed essentialisms and exclusions of the medical model, but rather to work towards a more inclusive model. This will entail a more welcoming stance towards all those who self-define as disabled whatever their impairment might be and towards those who experience impairments and who want to combat discrimina¬tions, but who do not choose to identify as 'disabled' for whatever reason. It is time for people to ask 'What do we mean by "our" community? Are its building-blocks safe or its boundaries sensible?' There may be merit in reflecting upon Young's (1990a) warning that communities are often fabricated out of the yearning to be among similar-and-symmetrical selves, to the point where members respond to alterity by expelling it beyond their border. Clearly, a self-perpetuating spiral can be set in motion, whereby the tighter the boundaries are drawn, the more those included will normalise their sameness and exclude others, the more the excluded will become estranged others, and the less the community will be informed by experiences of and reflection upon diversity, etc. This should not be misread—the UNISON group, like many other disabled people's organisations, is at least as democratic as any other social or political group in its constitution, and it is at least as diverse as any other in respecting multiple identities. Paradoxically, some disabled people's organisations may have expended more energies in reaching out to black and gay people who harbour specific impairments than in reaching out to differently disabled people whatever their other oppressions. Of course, we must do both. But the question 'Who is to "count" as a member of the disability community?' is not as strange as it may sound and may even be the Achilles heel of disability politics to date.====

2. And Turn. Views on disabilities in regards to "disabled" and "abled" bodies are rooted in European concepts of the normal and abnormal. Your criticism functions within Eurocentric ideologies routed in whiteness and will never be able to solve for oppression because it's only defined under the traditional sense of Western Man. It excludes all bodies whether they are black, brown, poor, or have disabilities, etc. We are all excluded by your rhetoric. Wynter 3 (Sylvia Wynter, "Unsettling the Coloniality of Being/Power/Truth/Freedom: Towards the Human, After Man, Its Overrepresentation—An Argument," CR: The New Centennial Review, Volume 3, Number 3,257-337)The argument proposes that the struggle of our new millennium will be one between the ongoing imperative of securing the well-being of our present ethnoclass (i.e., Western bourgeois) conception of the human, Man, which overrepresents itself as if it were the human itself, and that of securing the well-being, and therefore the full cognitive and behavioral autonomy of the human species itself/ourselves. Because of this overrepresentation, which is defined in the first part of the title as the Coloniality of Being/Power/Truth/Freedom, any attempt to unsettle the coloniality of power will call for the unsettling of this overrepresentation as the second and now purely secular form of what Aníbal Quijano identifies as the "Racism/ Ethnicism complex," on whose basis the world of modernity was brought into existence from the fifteenth/sixteenth centuries onwards (Quijano 1999,2000), and of what Walter Mignolo identifies as the foundational "colonial difference" on which the world of modernity was to institute itself (Mignolo 1999, 2000).  The correlated hypothesis here is that all our present struggles with respect to race, class, gender, sexual orientation, ethnicity, struggles over the environment, global warming, severe climate change, the sharply unequal distribution of the earth resources (20 percent of the world's peoples own 80 percent of its resources, consume two-thirds of its food, and are responsible for 75 percent of its ongoing pollution, with this leading to two billion of earth's peoples living relatively affluent lives while four billion still live on the edge of hunger and immiseration, to the dynamic of overconsumption on the part of the rich techno-industrial North paralleled by that of overpopulation on the part of the dispossessed poor, still partly agrarian worlds of the South4)—these are all differing facets of the central ethnoclass Man vs. Human struggle. Central to this struggle also is the usually excluded and invisibilized situation of the category identified by Zygmunt Bauman as the "New Poor" (Bauman 1987). That is, as a category defined at the global level by refugee/economic migrants stranded outside the gates of the rich countries, as the postcolonial variant of Fanon's category of les damnés (Fanon 1963)—with this category in the United States coming to comprise the criminalized majority Black and dark-skinned Latino inner-city males now made to man the rapidly expanding prison-industrial complex, together with their female peers—the kicked-about Welfare Moms—with both being part of the ever-expanding global, transracial category of the homeless/the jobless, the semi-jobless, the criminalized drug-offending prison population. So that if we see this category of the damnés that is internal to (and interned within) the prison system of the United States as the analog form of a global archipelago, constituted by the Third- and Fourth-World peoples of the so-called "underdeveloped" areas of the world—most totally of all by the peoples of the continent of Africa (now stricken with AIDS, drought, and ongoing civil wars, and whose bottommost place as the most impoverished of all the earth's continents is directly paralleled by the situation of its Black Diaspora peoples, with Haiti being produced and reproduced as the most impoverished nation of the Americas)—a systemic pattern emerges. This pattern is linked to the fact that while in the post-sixties United States, as Herbert Gans noted recently, the Black population group, of all the multiple groups comprising the post-sixties social hierarchy, has once again come to be placed at the bottommost place of that hierarchy (Gans, 1999), with all incoming new nonwhite/non-Black groups, as Gans's fellow sociologist Andrew Hacker (1992) earlier pointed out, coming to claim "normal" North American identity by the putting of visible distance between themselves and the Black population group (in effect, claiming "normal" human status by distancing themselves from the group that is still made to occupy the nadir, "nigger" rung of being human within the terms of our present ethnoclass Man's overrepresentation of its "descriptive statement" ~Bateson 1969~ as if it were that of the human itself), then the struggle of our times, one that has hitherto had no name, is the struggle against this overrepresentation. As a struggle whose first phase, the Argument proposes, was first put in place (if only for a brief hiatus before being coopted, reterritorialized ~Godzich 1986~) by the multiple anticolonial social-protest movements and intellectual challenges of the period to which we give the name, "The Sixties." The further proposal here is that, although the brief hiatus during which the sixties' large-scale challenge based on multiple issues, multiple local terrains of struggles (local struggles against, to use Mignolo's felicitous phrase, a "global design" ~Mignolo 2000~) erupted was soon to be erased, several of the issues raised then would continue to be articulated, some in sanitized forms (those pertaining to the category defined by Bauman as "the seduced"), others in more harshly intensified forms (those pertaining to Bauman's category of the "repressed" ~Bauman 1987~). Both forms of "sanitization" would, however, function in the same manner as the lawlike effects of the post-sixties'vigorous discursive and institutional re-elaboration of the central overrepresentation, which enables the interests, reality, and well-being of the empirical human world to continue to be imperatively subordinated to those of the now globally hegemonic ethnoclass world of "Man." This, in the same way as in an earlier epoch and before what Howard Winant identifies as the "immense historical rupture" of the "Big Bang" processes that were to lead to a contemporary modernity defined by the "rise of the West" and the "subjugation of the rest of us" (Winant 1994)—before, therefore, the secularizing intellectual revolution of Renaissance humanism, followed by the decentralizing religious heresy of the Protestant Reformation and the rise of the modern state—the then world of laymen and laywomen, including the institution of the political state, as well as those of commerce and of economic production, had remained subordinated to that of the post-Gregorian Reform Church of Latin-Christian Europe (Le Goff 1983), and therefore to the "rules of the social order" and the theories "which gave them sanction" (See Konrad and Szelenyi guide-quote), as these rules were articulated by its theologians and implemented by its celibate clergy (See Le Goff guide-quote).

Tournament: Harvard Westlake | Round: 6 | Opponent: Meadows ER | Judge: David Dosch

1-off

Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech. 

2-off

CP Text:
At the next available test case, the Supreme Court of the United States ought to establish an academic exemption to the first prong of the free speech limitation from Garcetti v. Ceballos except for term papers produced by professionals who sell them to students who turn them in as original work
B. Competes through mutual exclusivity- I don't include term papers while the aff does.
C. Net benefits-

1. Plagiarism
   The sale of term papers, although blatant plagiarism, is speech protected by the first amendment
   Duke Law Journal 73, Term Paper Companies and the Constitution, 1973, 1275-1317 (1974) Available at: http://scholarship.law.duke.edu/dlj/vol22/iss6/3
   TERM PAPERS AS PROTECTED SPEECH UNDER THE FIRST AMENDMENT The preparation and sale of term papers involves not only written communication but also "pure speech," an exchange of ideas arguably protectable under the first amendment . 2 The Supreme Court has indicated that this protection extends to even the most marginal "exchanges of ideas." Justice Frankfurter conceded in his dissent to Winters v. New York17 that "~wiholly neutral futilities, of course, come under the protection of free speech as fully as do Keats' poems or Donne's sermons." The majority in Winters stated, with more enthusiasm, that even though the magazines in question contained "nothing of any possible value," they were "as much entitled to the protection of free speech as the best of literature." ' A term paper, arguably, is somewhat more than a "~wiholly neutral futilit~y~" and is clearly entitled to as much constitutional protection as magazines which contain "nothing of any possible value to society."
   If it is at all ambiguous if term papers are protected you should err neg, colleges should censor the speech just in case it slips through the cracks of the government.
   Plagiarism harms the academic environment in universities
   Colantuono ~Florence Colantuono, "Academic Plagiarism." Explorable.~
   The written word is used to gauge a persons experience and achievement, when something is plagiarized it does not afford the reader a true opportunity to understand the writer, to gauge progress in academia. Clearly this act impacts the writers learning. If when presented with a paper an unknowing instructor provides constructive criticism that is meant for the writer to help improve, it is wasted. The author can never know the status of their work if it is not their own. Academic plagiarism affects many people along the way. It obviously affects the person whose work has been plagiarized by not affording the author credit for hard work. It affects the person who commits' the plagiarism by not affording the person an opportunity to receive constructive feedback. By not sharing ones own ideas important milestones are missed. It affects the efforts of the instructor to gauge the material being taught as useful of not. Generally academic plagiarism affects the academic community as a whole. Academic success is based on the ability of the institution to affect both public and corporate policy, with a high plagiarism rate the institution will lose standing and creditability.

Tournament: Stanford | Round: Octas | Opponent: Lynbrook VV | Judge: Kadie, Hunt, Haas

1-off

A. Interpretation: the affirmative may not defend the resolution in one specific public college or university or set of public colleges and universities 

3-off

Counterplan text: The United States federal government should establish congressional oversight over the National Insider Threat Policy. Status is unconditional.

The CP's oversight is key to allowing whistleblowers to criticize the military and resolves the chilling effect that stops them from coming out

Canterbury 14 (Angela, Director of Public Policy, "POGO's Angela Canterbury testifies on "Limitless Surveillance at the FDA: Protecting the Rights of Federal Whistleblowers" February 26, 2014, pg online @ http://www.pogo.org/our-work/testimony/2014/pogos-angela-canterbury-testifies.html um-ef)
Whistleblowers are the guardians of the public trust and safety. Without proper controls at
AND
and accountable to the American people. I look forward to your questions.

The Insiders Threat program affects thousands of military personnel preventing an effective check of military policies

Goztola 16 ~Kevin Goztola, managing editor of Shadowproof Press, "'Insider Threat' Program: Hundred Thousand Pentagon Personnel Under Total Surveillance," Common Dreams, January 8, 2016, http://www.commondreams.org/views/2016/01/08/insider-threat-program-hundred-thousand-pentagon-personnel-under-total-surveillance~~ JW
At least a hundred thousand military, civilian, and contractor personnel at the Defense
AND
no good reason for the government to be sharing this data at all.

Solves the case – creates Congressional oversight that prevents militaristic overreach of power

Goodman 13
(Melvin, PhD, former CIA Analyst, adjunct professor at Johns Hopkins University, former professor of international relations at the National War College, senior fellow at the Center for International Policy, "The Need for National Security Leaks," pg online @ https://consortiumnews.com/2013/06/19/the-need-for-national-security-leaks/ um-ef)
The attack line against whistleblowers Bradley Manning and Edward Snowden – that they should have
AND
and the media defer to authorized sources, we will need courageous whistleblowers.

4-off

Brackets are for offensive language

Currently military academies are successfully implementing policies that combat sexual assault and stigma. Increased reporting indicates they are working.

Baldor and Elliot 16 ~LOLITA C. BALDOR and DAN ELLIOTT, Associated Press, "Pentagon: Reports of sexual assaults at major military academies surged in 2014-15 school year," US News, Jan. 8, 2016, http://www.usnews.com/news/politics/articles/2016-01-08/reports-of-sexual-assaults-spike-at-military-academies~~ JW
WASHINGTON (AP) — Reports of sexual assaults at the three major military academies
AND
or don't want to go through the emotional turmoil of a court case.

Permitting free speech on military academies opens the flood gate for toxic militaristic discourse about sexual assault

Witte 15 ~Brian Witte, writer at the Baltimore Sun,  "Civilian Naval Academy professor sues Navy over free speech," the Baltimore Sun, November 5, 2015, http://www.baltimoresun.com/g00/news/maryland/bs-md-bruce-fleming-naval-academy-lawsuit-20151105-story.html?i10c.referrer=~~ JW
*brackets from original text
A civilian professor at the U.S.
AND
Fleming for daring to criticize the ~Sexual Assault Prevention and Response Program.~"

This kind of discourse is exactly what justifies a culture of rape in militaries that affirms a violent misogynist power structure

Lucero 15 ~Gabriel Lucero, Master of Public Policy and Juris Doctor candidate at Duke University Sanford School of Public Policy and School of Law, "Military Sexual Assault: Reporting and Rape Culture," Sanford Journal of Public Policy, Vol. 6 No. 1 (Winter 2015), 1–32~ JW
"Rape culture," a term coined by feminists in the 1970s, is not
AND
to why victims ~survivors~ of military sexual assault are not reporting. 

Turns the aff

Neg advocacy text: I defend a world where we maintain status quo restrictions on constitutionally protected speech on military colleges and where we implement the CP.

Tournament: Stanford | Round: Quarters | Opponent: Sunset AB | Judge: Tambe, Kadie, Dadah

1-off

A. Interpretation: The affirmative must defend that a hypothetical world where public colleges and universities implement the resolution.

Case

O/V —- The 1a premise of rupturing the state/subject distinction is uniquely problematic in the context of individuals who NEED the state in order for their lives to be effective and for in order fairness – if we show why their method is problematic for those that need the government who are oppressed and why their method harms fairness – either of these reasons means you negate 

Racism Shell

TURN — Debate is counterproductive without policies – the entire premise of the 1ac is based upon separating the subject from the state – our argument is that subjects are inherently tied to the state -
We should engage in policy discussions that have tangible realties for those who are oppressed by racist economic structures to change the sociological reality of those who are oppressed.
Dr. Tommy J. Curry The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21^st Century. 2014
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real world consequences of dialogue, thinking, and (personal) politics when addressing issues of racism, sexism, economic disparity, global conflicts, and death, many of the discussions concerning these ongoing challenges to humanity are fixed to a paradigm which sees the adjudication of material disparities and sociological realities as the conquest of one ideal theory over the other. In "Ideal Theory as Ideology," Charles Mills outlines the problem contemporary theoretical-performance styles in policy debate and value-weighing in Lincoln-Douglass are confronted with in their attempts to get at the concrete problems in our societies. At the outset, Mills concedes that "ideal theory applies to moral theory as a whole (at least to normative ethics as against metaethics); ~s~ince ethics deals by definition with normative/prescriptive/evaluative issues, ~it is set~ against factual/descriptive issues."At the most general level, the conceptual chasm between what emerges as actual problems in the world (e.g.: racism, sexism, poverty, disease, etc.) and how we frame such problems theoretically—the assumptions and shared ideologies we depend upon for our problems to be heard and accepted as a worthy "problem" by an audience—is the most obvious call for an anti-ethical paradigm, since such a paradigm insists on the actual as the basis of what can be considered normatively. Mills, however, describes this chasm as a problem of an ideal-as-descriptive model which argues that for any actual-empirical-observable social phenomenon (P), an ideal of (P) is necessarily a representation of that phenomenon. In the idealization of a social phenomenon (P), one "necessarily has to abstract away from certain features" of (P) that is observed before abstraction occurs. This gap between what is actual(in the world), and what is represented by theories and politics of debaters proposed in rounds threatens any real discussions about the concrete nature of oppression and the racist economic structures which necessitate tangible policies and reorienting changes in our value orientations. As Mills states: "What distinguishes ideal theory is the reliance on idealization to the exclusion, or at least marginalization, of the actual," so what we are seeking to resolve on the basis of "thought" is in fact incomplete, incorrect, or ultimately irrelevant to the actual problems which our "theories" seek to address. Our attempts to situate social disparity cannot simply appeal to the ontologization of social phenomenon—meaning we cannot suggest that the various complexities of social problems (which are constantly emerging and undisclosed beyond the effects we observe) are totalizable by any one set of theories within an ideological frame be it our most cherished notions of Afro-pessimism, feminism, Marxism, or the like. At best, theoretical endorsements make us aware of sets of actions to address ever developing problems in our empirical world, but even this awareness does not command us to only do X, but rather do X and the other ideas which compliment the material conditions addressed by the action X. As a whole, debate (policy and LD) neglects the need to do X in order to remedy our cast-away-ness among our ideological tendencies and politics. How then do we pull ourselves from this seeming ir-recoverability of thought in general and in our endorsement of socially actualizable values like that of the living wage? It is my position that Dr. Martin Luther King Jr.'s thinking about the need for a living wage was a unique, and remains an underappreciated, resource in our attempts to impose value reorientation be it through critique or normative gestures) upon the actual world. In other words, King aims to reformulate the values which deny the legitimacy of the living wage, and those values predicated on the flawed views of the worker, Blacks, and the colonized (dignity, justice, fairness, rights, etc.) used to currently justify the living wages in under our contemporary moral parameters.

Two impacts:

1. The aff gives bigots free reign to say whatever hateful thing they want to minorities. Affirming definitionally increases the number of times minorities hear hate speech, which causes minorities to internalize hate. The impact is disasterous:

Delgado and Stefacic 09, Richard Delgado - University Professor, Seattle University School of Law; J.D., 1974, University of California, Berkeley. Jean Stefancic – Research Professor, Seattle University School of Law; M.A., 1989, University of San Francisco. "FOUR OBSERVATIONS ABOUT HATE SPEECH." WAKE FOREST LAW REVIEW. 2009. http://wakeforestlawreview.com/wp-content/uploads/2014/10/Delgado_LawReview_01.09.pdf,
II. OBSERVATION NUMBER TWO: THE EVALUATION OF HARMS HAS BEEN INCOMPLETE One way
AND
, in person or on the radio, contributes to that result?97

Turns the aff

2. their method fundamentally excluded black people who cannot "become" in a world marked by structural violence.

Decadence Shell:

I.  The 1ac cannot just say vote aff as a thought experiment – this is fundamentally subjective and destroys the ability for us to engage an actual world of the 1ac – turns their subjectivity arguments since we are showing why subjectivity in the context of vote aff for pre fiat reasons is bad

Lewis Gordon 06—professor at philosophy, African and Judiac Studies at University of Connecticut Storrs—2006 (Disciplinary Decadence: Living Thought in Trying Times, p 28-29)
A striking feature (among many) of the contemporary intellectual climate, as I
AND
of past failures of certain social remedies take the form of perennial truths.

II. Decadence allows the colonization of methods – turns the case

Lewis Gordon 14—professor of philosophy, African and Judiac Studies at the University of Connecticut—2014 ("Disciplinary Decadence and the Decolonization of Knowledge," Africa Development 39.1: 81-92, 88).
The first is regarding the political significance of this critique. For politics to exist
AND
approaches, even in the name of liberation, face a similar fate.

Tournament: Stanford | Round: 2 | Opponent: Oakwood SM | Judge: Inbar Grava

1-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

o/w
scale 
size of link
Turns the 1AC

Tournament: Stanford | Round: 4 | Opponent: Lake Highland SS | Judge: Jackson Lallas

1

A) Interp—all debaters with minimally 1 bid round must disclose at least the following from all AC's and NC's read at TOC bid distributing tournaments: first, complete tag lines to all cards; second, first 3 words and last 3 words of all cards; third, the standard used to delineate what counts as offense and not offense with the claims to the warrants for that standard and fourth, taglines to all evidence read.

B) Violation- You don't have a wiki. You also got to the bid round of strake.

2

The politics of the 1AC removes safe spaces on college campuses – this impact turns and outweighs the case – safe spaces are uniquely key for marginalized communities to come together and actually engage in conversations about identity

Pickett 16 RaeAnn Pickett. August 31st 2016. Pickett is senior director of communications and public Affairs at the National Latina Institute for Reproductive Health and a Ms. Foundation Public Voices Fellows. Trigger Warnings and Safe Spaces Are Necessary. Published by TIME.
After the birth of my first son, I had postpartum depression. I was
AND
should be at the vanguard of modeling the way forward—not backward.

Forcing minorities to confront racial microaggressions without any other form of recourse or retreat induces racial "battle fatigue" that translates into actual material harms

Smith et al 07 ~William A. Smith University of Utah Walter R. Allen University of California, Los Angeles Lynette L. Danley University of Utah, ""Assume the Position . . . You Fit the Description" Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students," American Behavioral Scientist, 2007~ JW
. Based on a sample of African Americans ages 15 to 70 years, Landrine
AND
broken between students of color and the HWI community (Smith, 2004)

Racial battle fatigue turns the case: minorities are shut out of conversations and are never treated as an equal participant in the discussion

Smith et al 07 ~William A. Smith University of Utah Walter R. Allen University of California, Los Angeles Lynette L. Danley University of Utah, ""Assume the Position . . . You Fit the Description" Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students," American Behavioral Scientist, 2007~ JW
Responding in emotional self-defense to traumatic events, Black students might slowly or
AND
disparities exist with respect to earned degrees (Harvey and Anderson, 2005).

The roll of the ballot is to endorse the debater with the best methodology to liberate the oppressed. The necessity to make debate safe and liberating for all is a precondition to substance.

Teehan 14 Ryan Teehan (qualified to 2014 TOC) Comment on "2014 Tournament of Champions Student Protest" NSD Update April 26^th 2014 http://nsdupdate.com/2014/04/26/nsd-update-coverage-toc-2014/
Honestly, I don't think that 99 of what has been said in this
AND
make it so that saying things that make debate unsafe has actual repercussions.

Thus, the alternative – safe spaces that are currently in the status quo should remain where they are. The negative cannot fiat more safe spaces will occur – but our method in the kritik is affirming the tangibility and productivity that safe spaces provide to black students on colleges campuses.

Okeke 16 narrates her experience Okeke ,Cameron .I'm a black UChicago graduate. Safe spaces got me through college. Cameron Okeke is currently earning a master's in bioethics at the Johns Hopkins Bloomberg School of Public Health and Berman Institute of Bioethics in Baltimore, Maryland. His views are his own and do not represent those of the institution he currently attends. Aug 29, 2016 http://www.vox.com/2016/8/29/12692376/university-chicago-safe-spaces-defense
As a first-generation black student, I needed safe spaces like the Office
AND
free. Don't let us in if you can't make room for us.

Tournament: Stanford | Round: 5 | Opponent: Harvard Westlake JN | Judge: Scott Nielson

1-off

Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech. 

2-off

Interp: Debaters must read an explicitly labeled standard or role of the ballot text in the 1AC, specify whether it's ends or means based, and link their offense to it.

3-off

CP Text: Public colleges and universities in the United States ought not restrict any constitutionally protected journalistic speech except in instances of plagiarism

SPLC 15 ~Student Press Law Center, advocate for student First Amendment rights, for freedom of online speech, and for open government on campus, "Avoiding plagiarism in the student media," August 31, 2015, http://www.splc.org/article/2015/08/avoiding-plagiarism-in-the-student-media~~ JW
"Plagiarist!" It is an accusation that strikes fear in the hearts of students
AND
unique reason as to why plagiarized articles are necessary to access the aff impacts

Some university publications don't have external accountability which leads to educationally bankrupt journalism and an inability to check journalism

WSN 16, WSN Editorial Board, 2016, Fake News Problem Includes Quack Journalism, http://www.nyunews.com/2016/12/01/fake-news-problem-includes-quack-journalism/
Specifically on the university level, publications like The Odyssey have damaged journalism by providing
AND
Americans reject all kinds of fake news sites and support the genuine article. 

The sale of academic writing, although blatant plagiarism, is speech protected by the first amendment

Duke Law Journal 73, Term Paper Companies and the Constitution, 1973, 1275-1317 (1974) Available at: http://scholarship.law.duke.edu/dlj/vol22/iss6/3
TERM PAPERS AS PROTECTED SPEECH UNDER THE FIRST AMENDMENT The preparation and sale of term
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the speech just in case it slips through the cracks of the government. 

Plagiarism harms the academic environment in universities

Colantuono ~Florence Colantuono, "Academic Plagiarism." Explorable.~
The written word is used to gauge a persons experience and achievement, when something is plagiarized it does not afford the reader a true opportunity to understand the writer, to gauge progress in academia. Clearly this act impacts the writers learning. If when presented with a paper an unknowing instructor provides constructive criticism that is meant for the writer to help improve, it is wasted. The author can never know the status of their work if it is not their own. Academic plagiarism affects many people along the way. It obviously affects the person whose work has been plagiarized by not affording the author credit for hard work. It affects the person who commits' the plagiarism by not affording the person an opportunity to receive constructive feedback. By not sharing ones own ideas important milestones are missed. It affects the efforts of the instructor to gauge the material being taught as useful of not. Generally academic plagiarism affects the academic community as a whole. Academic success is based on the ability of the institution to affect both public and corporate policy, with a high plagiarism rate the institution will lose standing and creditability.

Tournament: Stanford | Round: Semis | Opponent: North Hollywood JS | Judge: Tambe, Hunt, Fife

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A. Interp: The affirmative may not defend another country in which to implement the resolution besides the United States of America. To clarify, all actions must occur within the United States of America and not another country. 

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Part 1 is Links

1. The affirmative's assumption that speech can ever be free ignores economic realities that shape such freedoms in the academic world. It also commodities speech. This turns and outweighs the case- their scholarship can never be liberatory in a capitalist world.
   Chatterjee and Maira 14, Chatterjee Piya, and Sunaina Maira. "The Imperial University: race, war, and the nation-state." The imperial university: Academic repression and scholarly dissent (2014): 1-50.
   Our geopolitical positions—of our immediate workplaces as well as trans- national work circuits—underscore the complex contradictions of our locations within the U.S. academy. These paradoxes of positionality and employment have seeded this project in important ways. We have both taught at the University of California for many years—in addition to other U.S. universities—and have been members of the privileged upper caste of U.S. higher education: the tenured professoriate. We have each used these privileges of class, education, and cultural capital to live and work transna- tionally and have organized around and written about issues of warfare, colo- nialism, occupation, immigration, racism, gender rights, youth culture, and labor politics, within and outside the United States. In fact, we first began working together when we collaborated in 2008 on a collective statement of feminist solidarity with women suffering from the violence of U.S. wars and occupation, during the invasions of Iraq and Afghanistan and the Israeli siege of Gaza.7 Yet our privileges of entry, of inclusion, and of outside-ness are also always marked by the "dangerous complicities" of imperial privi- lege and neoliberal capital, as the chapters by Julia Oparah; Sylvanna Falcón, Sharmila Lodhia, Molly Talcott, and Dana Collins; Vijay Prashad; and Laura Pulido powerfully remind us. Even as we have recognized the institutional privileges and complicities through which we can do this work, we have experienced at various moments and in different ways—as the chapters by Alexis Gumbs, Clarissa Rojas, Thomas Abowd, and Nicholas De Genova suggest—a keen sense of being "outsiders" within—in the university, in aca- demic disciplines, in different nations.8 As scholars and teachers located within "critical ethnic studies" and "women and gender studies," we are also well aware of a certain politics of value, legitimacy, and marginality at play, especially as the dismantling of the public higher education system and attacks on ethnic studies around the nation accelerate. The struggles to build ethnic studies and women/gen- der/sexuality studies as legitimate scholarly endeavors within the academy, emerging from several strands of the civil rights and antiwar movements, are well chronicled and keenly debated. The precarious positions as well as increasing professionalization and policing of these interdisciplinary fields within the current restructuring of the university is a matter of deep con- cern; for example, in the wake of the assault on ethnic studies in Arizona, the dismantling of women's studies programs, and in a climate of policing and criminalizing immigrant "others" across the nation. The pressure on academics to fund one's own research—following the dominant grant-writing models of science and technology—is now even more explicit in a time of fiscal crisis and deepening fissures between faculty in the humanities, social sciences, physical sciences, education, and business who occupy very different positions in an increasingly privatized university.9 Prashad reminds us in his chapter of the consequences of the fiscal crisis for college students who bear a massive and growing burden of debt. We recognize these pressures on faculty and students as stemming from neolib- eral capitalism and the university's capitulation to a global "structural adjust- ment" policy that is now coming "home" to roost in the United States, as astutely argued by Farah Godrej in her analysis linking the neoliberal uni- versity to militarism and violence. The academy has also tried to market the notion of "public scholarship," transforming activist scholarship into a commodifiable form of knowledge production and dissemination that can affirm the university's civic engagement—confined by the parameters of per- missible politics, as incisively critiqued by Salaita, Rojas, and Abowd. If we cannot—or choose not to—market our scholarship and pedagogies through these programs of funding and institutionalization, we find our work further devalued within the dominant terms of privatization in the academy. Given that neoliberal market ideologies now underwrite the "value" of our research and intellectual work, what happens to scholars whose writing directly tack- les the questions of U.S. state violence, logics of settler colonialism, and global political and economic dominance? We know from stories about campaigns related to tenure or defamation of scholars, often shared in hallways during conferences and sometimes through e-mail listservs and the media, that there are serious costs to writing and speaking about these matters. For far too many colleagues who confront the most taboo of topics, such as indigenous critiques of genocide and settler colonialism or especially the question of Palestine, the price paid has been extraordinarily high. It has included the denial of promotion to tenure, being de-tenured, not having employment contracts renewed, or never being hired and being blacklisted, as this book poignantly illustrates. Coupled with the loss of livelihood or exile from the U.S. academy, many scholars have been stigmatized, harassed, and penalized in overt and covert ways. There are numerous such cases, sadly way too many to recount here—most famously those of Ward Churchill, Norman Finkelstein, David Graeber, Joel Kovel, Terri Ginsberg, Marc Ellis, Margo Nanlal-Rankoe, Wadie Said, and Sami Al- Arian—but it is generally only the handful that generate public campaigns that receive attention while many others remain unknown, not to mention innumerable cases of students who have been surveilled or harassed, such as Syed Fahad Hashmi from Brooklyn College, while again there are countless other untold stories.10 These are the scandals and open secrets, we argue, that need to be revealed and placed in broader frames of analysis of labor and survival within the U.S. university system.11
   2. The aff relies on a public/private distinction because the advocacy refers to public universities. Their representation of the resolution affirms that private ownership exists, the basis of capitalism. Also takes out the perm- this inclusion is too large to overcome. 

Part 2 is Impacts

1. This commodification turns and outweighs the case- it destroys the value of free speech and kills value to life by making it a mere object
   Morgaridge 98 ~Morgaridge, Clayton, Prof of Philosophy at Lewis and Clark College, 1998, Why Capitalism is Evil 08/22 http://www.lclark.edu/~~clayton/commentaries/evil.html~~**
   Now none of these philosophers are naive: none of them thinks that sympathy, love, or caring determines all, or even most, human behavior.  The 20th century proves otherwise.  What they do offer, though, is the hope that human beings have the capacity to want the best for each other.   So now we must ask, What forces are at work in our world to block or cripple the ethical response?   This question, of course, brings me back to capitalism.  But before I go there, I want to acknowledge that capitalism is not the only thing that blocks our ability to care.  Exploitation and cruelty were around long before the economic system of capitalism came to be, and the temptation to use and abuse others will probably survive in any future society that might supersede capitalism.  Nevertheless, I want to claim, the putting the world at the disposal of those with capital has done more damage to the ethical life than anything else.  To put it in religious terms, capital is the devil. To show why this is the case, let me turn to capital's greatest critic, Karl Marx. Under capitalism, Marx writes, everything in nature and everything that human beings are and can do becomes an object: a resource for, or an obstacle, to the expansion of production, the development of technology, the growth of markets, and the circulation of money.  For those who manage and live from capital, nothing has value of its own. Mountain streams, clean air, human lives — all mean nothing in themselves, but are valuable only if they can be used to turn a profit.~1~   If capital looks at (not into) the human face, it sees there only eyes through which brand names and advertising can enter and mouths that can demand and consume food, drink, and tobacco products.  If human faces express needs, then either products can be manufactured to meet, or seem to meet, those needs, or else, if the needs are incompatible with the growth of capital, then the faces expressing them must be unrepresented or silenced. Obviously what capitalist enterprises do have consequences for the well being of human beings and the planet we live on.  Capital profits from the production of food, shelter, and all the necessities of life.  The production of all these things uses human lives in the shape of labor, as well as the resources of the earth.  If we care about life, if we see our obligations in each others faces, then we have to want all the things capital does to be governed by that care, to be directed by the ethical concern for life.  But feeding people is not the aim of the food industry, or shelter the purpose of the housing industry.  In medicine, making profits is becoming a more important goal than caring for sick people.  As capitalist enterprises these activities aim single-mindedly at the accumulation of capital, and such purposes as caring for the sick or feeding the hungry becomes a mere means to an end, an instrument of corporate growth.  Therefore ethics, the overriding commitment to meeting human need, is left out of deliberations about what the heavyweight institutions of our society are going to do.  Moral convictions are expressed in churches, in living rooms, in letters to the editor, sometimes even by politicians and widely read commentators, but almost always with an attitude of resignation to the inevitable.  People no longer say, "You can't stop progress," but only because they have learned not to call economic growth progress.  They still think they can't stop it.  And they are right — as long as the production of all our needs and the organization of our labor is carried out under private ownership.  Only a minority ("idealists")  can take seriously a way of thinking that counts for nothing in real world decision making.   Only when the end of capitalism is on the table will ethics have a seat at the table. 

Part 3 is the alt

The alternative is to reject the 1AC's representations and to entirely withdraw from the logic of capital—individual criticism is key to solve.  The AFF uniquely coopts the movement.  
Johnston 04 (Adrian ~interdisciplinary research fellow in psychoanalysis at Emory University~, "The Cynic's Fetish: Slavoj Žižek and the Dynamics of Belief" Psychoanalysis, Culture and Society, December p259)
Perhaps the absence of a detailed political roadmap in Zizek's recent writings isn't a major shortcoming. Maybe, at least for the time being, the most important task is simply the negativity of the critical struggle, the effort to cure an intellectual constipation resulting from capitalist ideology and thereby to truly open up the space for imagining authentic alternatives to the prevailing state of the situation. Another definition of materialism offered by Zizek is that it amounts to accepting the internal inherence of what fantasmatically appears as an external deadlock or hindrance (Zizek, 2001d, pp 22-23) (with fantasy itself being defined as the false externalization of something within the subject, namely, the illusory projection of an inner obstacle, Zizek, 2000a, p 16). From this perspective, seeing through ideological fantasies by learning how to think again outside the confines of current restrictions has, in and of itself, the potential to operate as a form of real revolutionary practice (rather than remaining merely an instance of negative/critical intellectual reflection). Why is this the case? Recalling the analysis of commodity fetishism, the social efficacy of money as the universal medium of exchange (and the entire political economy grounded upon it) ultimately relies upon nothing more than a kind of "magic," that is, the belief in money's social efficacy by those using it in the processes of exchange. Since the value of currency is, at bottom, reducible to the belief that it has the value attributed to it (and that everyone believes that everyone else believes this as well), derailing capitalism by destroying its essential financial substance is, in a certain respect, as easy as dissolving the mere belief in this substance's powers. The "external" obstacle of the capitalist system exists exclusively on the condition that subjects, whether consciously or unconsciously, "internally" believe in it.
This takes out the perm since reconciliation allows capitalism to continue unharmed. Any inclusion of capitalism removes our ability to rethink alternatives.

Part 4 is Framework

The role of the judge is to resist capitalism. Question their scholarship prior to the consequences of the plan. 

1. We must challenge capitalist policies in debate in order to counteract the flawed direction of academics.
   Harvey 11, David (Distinguished Professor of Anthropology and Geography at the Graduate Center of the City University of New York). The enigma of capital: and the crises of capitalism. Profile Books, 2011. Print
   Since Marx's goal was to change the world and not merely to understand it, ideas had to be formulated with a certain revolutionary intent. This inevitably meant a conflict with modes of thought more convivial to and useful for the ruling class. The fact that Marx's oppositional ideas have been the targets, particularly in recent years, of repeated repressions and exclusions (to say nothing of bowdlerisations and misrepresentations galore) suggests that they may still be too dangerous for the ruling classes to tolerate. While Keynes repeatedly avowed that he had never read Marx, in the 1930s he was surrounded and influenced by many people like his economist colleague Joan Robinson who had. While many of them objected vociferously to Marx's foundational concepts and his dialectical mode of reasoning, they were acutely aware of and deeply affected by some of his more prescient conclusions. It is fair to say, I think, that the Keynesian theory revolution could not have been accomplished without the subversive presence of Marx lurking in the wings. The trouble in these times is that most people have no idea who Keynes was and what he really stood for, while understanding of Marx is negligible. The repression of critical and radical currents of thought – or to be more exact the corralling of radicalism within the bounds of multiculturalism and cultural choice – creates a lamentable situation within the academy and beyond, no different in principle to having to ask the bankers who made the mess to clean it up with exactly the same tools as they used to get into it. Broad adhesion to postmodern and post-structuralist ideas which celebrate the particular at the expense of big picture thinking does not help. To be sure, the local and the particular are vitally important and theories that cannot embrace, for example, geographical difference are worse than useless (as I have earlier been at pains to emphasise). But when that fact is used to exclude anything larger than parish politics, then the betrayal of the intellectuals and abrogation of their traditional role become complete. Her Majesty the Queen would, I am sure, love to hear that a huge effort is underway to put the big picture into some sort of copious frame such that all can see it. But the current crop of academicians, intellectuals and experts in the social sciences and humanities are by and large ill equipped to undertake such a collective task. Few seem predisposed to engage in that self-critical reflection that Robert Samuelson urged upon them. Universities continue to promote the same useless courses on neoclassical economic or rational choice political theory as if nothing has happened and the vaunted business schools simply add a course or two on business ethics or how to make money out of other people's bankruptcies. After all, the crisis arose out of human greed and there is nothing that can be done about that! The current knowledge structure is clearly dysfunctional and equally clearly illegitimate. The only hope is that a new generation of perceptive students (in the broad sense of all those who seek to know the world) will clearly see that it is so and insist upon changing it. This happened in the 1960s. At various other critical points in history student-inspired movements, recognising the disjunction between what is happening in the world and what they are being taught and fed by the media, were prepared to do something about it. There are signs, from Tehran to Athens and on to many European university campuses of such a movement. How the new generation of students in China will act must surely be of deep concern in the corridors of political power in Beijing. A youthful, student-led revolutionary movement, with all of its evident uncertainties and problems, is a necessary but not sufficient condition to produce that revolution in mental conceptions that can lead us to a more rational solution to the current problems of endless growth. The first lesson it must learn is that an ethical, non- exploitative and socially just capitalism that redounds to the benefit of all is impossible. It contradicts the very nature of what capital is about.

Tournament: Stanford | Round: Triples | Opponent: University HS JC | Judge: Kaya, Gray, Pothamsetty

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K – Black Safe Spaces (2:50)

Imagine being stuck in a sort of vertigo that seems as if you have no where to go, no where to hide, no where to just be with people who understand your struggle – this is the analysis the 1AC fundamentally misses and affirms for more free speech – safe spaces on college campuses are necessary and needed to help black students deal with being black.

Tyler Kingkade Lilly Workneh Ryan Grenoble Nov 16^th, 2015 Campus Racism Protests Didn't Come Out Of Nowhere, And They Aren't Going Away Quickly Mizzou seems to have catalyzed years of tension over inequality and race. Senior Editor/Reporter, The Huffington Post, Senior Black Voices Editor, The Huffington Post News Editor, The Huffington Post http://www.huffingtonpost.com/entry/campus-racism-protests-didnt-come-out-of-nowhere_us_56464a87e4b08cda3488bfb
If there's one thing University of Missouri senior Alanna Diggs thinks people are getting wrong
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going to help our country live up to what we say we believe." 

Forcing minorities to confront racial microaggressions without any other form of recourse or retreat induces racial "battle fatigue" that translates into actual material harms

Smith et al 07 ~William A. Smith University of Utah Walter R. Allen University of California, Los Angeles Lynette L. Danley University of Utah, ""Assume the Position . . . You Fit the Description" Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students," American Behavioral Scientist, 2007~ JW
Racial Microaggressions in Historically White Environments The concern about greater distress and academic attrition among
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broken between students of color and the HWI community (Smith, 2004)

Racial battle fatigue turns the case:

The politics of the 1AC removes safe spaces on college campuses – this impact turns and outweighs the case – safe spaces are uniquely key for marginalized communities to come together and actually engage in conversations about identity

Pickett 16 RaeAnn Pickett. August 31st 2016. Pickett is senior director of communications and public Affairs at the National Latina Institute for Reproductive Health and a Ms. Foundation Public Voices Fellows. Trigger Warnings and Safe Spaces Are Necessary. Published by TIME.
After the birth of my first son, I had postpartum depression. I was
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should be at the vanguard of modeling the way forward—not backward.

The roll of the ballot is to endorse the debater with the best methodology to liberate the oppressed. Debate should deal with the real-world consequences of oppression.

Curry 14, Tommy, The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century, Victory Briefs, 2014,
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
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used to currently justify the living wages in under our contemporary moral parameters.

Class-analysis that attempts to eschew identity politics is just a ruse for white middle class males to paternalistically lead non-white people in the glory of the revolution. It is an invisible form of white messianism that slips identity through the back door or anti-capitalist movements. Ross 2k

Ross 2000 ~Marlon B., Professor, Department of English and Carter G. Woodson Institute for African-American and African Studies, "Commentary: Pleasuring Identity, or the Delicious Politics of Belonging," New Literary History, Vol. 31, No. 4, pages 840-841~
Although in his contribution Eric Lott targets Professor Michaels's comments and his own recent feud
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qualities of Negroness by cross-identifying with the folk and their culture.

The roll of the judge is to be a critical educator

Thus, the alternative – safe spaces that are currently in the status quo should remain where they are. The negative cannot fiat more safe spaces will occur – but our method in the kritik is affirming the tangibility and productivity that safe spaces provide to black students on colleges campuses.

Okeke 16
Okeke ,Cameron .I'm a black UChicago graduate. Safe spaces got me through college. Cameron Okeke is currently earning a master's in bioethics at the Johns Hopkins Bloomberg School of Public Health and Berman Institute of Bioethics in Baltimore, Maryland. His views are his own and do not represent those of the institution he currently attends. Aug 29, 2016 http://www.vox.com/2016/8/29/12692376/university-chicago-safe-spaces-defense
The University of Chicago sent a dizzying letter to its freshman class last week,
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then you need to create a culture where misgendering and deadnaming are taboo.

Tournament: TOC | Round: 1 | Opponent: Kamiak NB | Judge: John Overing

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A. CP Text: Public colleges and universities in the United States ought not restrict any constitutionally protected speech except in the case of the nonconsensual distribution of sexually explicit images.
It competes- The nonconsensual distribution of sexually explicit images is constitutionally protected speech – aff allows it on college campuses.
Goldberg 16 – Bracketed for potentially offensive language Erica Goldberg Columbia Law Review Volume 116, No. 3 April 2016 "FREE SPEECH CONSEQUENTIALISM"
States have begun to criminalize the publication of nude photos if the person publishing the photos knows or should have known that the subject of the image did not consent to the disclosure.296 Virginia law- makers introduced legislation, for example, that would criminalize pub- lishing sexually explicit pictures of someone without permission and with "the intent to cause them substantial emotional distress."297 A California defendant was convicted of felony charges of identity theft and extortion, for running a revenge porn website where he made aggrieved ex-lovers pay to have their photos removed from his site.298 His lawyer argued that although his behavior was immoral and offensive, he did not break any laws by allowing others to post sexually explicit photographs.299 The regulation of ~non-consensual sexually explicit image distribution~ revenge porn presents thorny First Amendment issues, even though the speech is considered both highly injurious and of low value.300 Some argue that ~non-consensual sexually explicit image distribution~  revenge porn can be regulated as obscenity,301 but, like much pornography, sexually explicit speech that does not rise to the level of obscenity is still protected speech.302 Criminal statutes and torts based on the invasion of privacy and emotional distress caused by of ~non-consensual sexually explicit image distribution~ revenge porn compromise the freedom to distribute protected speech lawfully obtained. Indeed, the Supreme Court has recognized a right for the media to publish even unlawfully obtained content, so long as the publisher was not involved in the illegal so long as the publisher was not involved in the illegal conduct that produced the content.303 And in United States v. Stevens , the Supreme Court held that individuals cannot be held criminally liable for distributing speech depicting illegal acts, so long as the individuals did not perpetrate the underlying act.304 of ~non-consensual sexually explicit image distribution~  Revenge porn, as defined here, is both legally obtained and depicts a legal act. In the ultimate articulation of free speech consequentialism, Mary Anne Franks argues for criminalization of revenge porn because "some expressions ~of free speech~ are just considered so socially harmful and don't contribute any benefits to society."305 Yet this does not separate ~non-consensual sexually explicit image distribution~  revenge porn from any number of categories of protected speech that may cause others emotional distress and are considered by some to pos- sess little value; this is nothing more than a call for judges to make whole- sale and retail judgments about the value and harms that flow from particular forms of speech. If revenge porn can be regulated, legislators should not target the victim's emotional distress or the invasion of pri- vacy, as these focal points threaten to undermine strong free speech pro- tections exceptional to America's free speech regime.
C.  CP solves – deters perpetrators and creates a cultural shift.
Citron and Franks 14 brackets for potentially offensive language Danielle Keats Citron, Mary Anne Franks. "CRIMINALIZING REVENGE PORN" 4/21/2014 https://www.law.yale.edu/system/files/area/center/isp/documents/danielle_citron_-_criminalizing_revenge_porn_-_fesc.pdf Danielle Keats Citron is a Lois K. Macht Research Professor and Professor of Law, University of Maryland Francis King Carey School of Law; Affiliate Scholar, Stanford Center on Internet and Society; Affiliate Fellow, Yale Information Society Project. Mary Anne Franks is an Associate Professor of Law, University of Miami School of Law.
As this discussion shows, civil law cannot meaningfully deter and redress revenge porn. We now turn to the potential for a criminal law response. III. CRIMINAL LAW'S POTENTIAL TO COMBAT REVENGE PORN A criminal law solution is essential to deter judgment-proof perpetrators. As attorney and revenge porn expert Erica Johnstone puts it, "~e~ven if people aren't afraid of being sued because they have nothing to lose, they are afraid of being convicted of a crime because that shows up on their record forever."68 Nonconsensual ~image distribution's~ pornography's rise is surely related to the fact that malicious actors have little incentive to refrain from such behavior. While some critics believe that existing criminal law adequately addresses nonconsensual pornography, this Part highlights how existing criminal law fails to address most cases of revenge porn. A. The Importance of Criminal Law Criminal law has long prohibited privacy invasions and certain violations of autonomy. Criminal law is essential to send the clear message to potential perpetrators that nonconsensual ~image distribution~ pornography inflicts grave privacy and autonomy harms that have real consequences and penalties.69 While we share general concerns about over-incarceration, rejecting the criminalization of serious harms is not the way to address those concerns. We are also sensitive to objections that criminalizing revenge porn might reinforce the harmful and erroneous perception that women should be ashamed of their bodies or their sexual activities, but maintain that recognizing and protecting sexual autonomy does exactly the opposite.70 A criminal law solution would send the message that individuals' bodies (mostly female bodies) are their own and that society recognizes the grave harms that flow from turning individuals into objects of pornography without their consent. In this way, a criminal law approach will help us conceptualize the involuntary publication of someone's sexually explicit images as a form of sexual assault. When sexual abuse is inflicted on an individual's physical body, it is considered rape or sexual assault. The fact that nonconsensual pornography does not involve physical contact does not change the fact that it is a form of sexual abuse. Federal and state criminal laws regarding voyeurism demonstrate that physical contact is not necessary to cause great harm and suffering. Video voyeurism laws punish the nonconsensual recording of a person in a state of undress in places where individuals enjoy a reasonable expectation of privacy. 71 Criminal laws prohibiting voyeurism rest on the commonly accepted assumption that observing a person in a state of undress or engaged in sexual activity without that person's consent not only inflicts dignitary harms upon the individual observed, but also inflicts a social harm serious enough to warrant criminal prohibition and punishment. International criminal law provides precedent and perspective on this issue. Both the International Criminal Tribunal for Rwanda ("ICTR") and the International Criminal Tribunal for the former Yugoslavia ("ICTY") have employed a definition of sexual violence that does not require physical contact. In both tribunals, forced nudity was found to be a form of sexual violence.72 In the Akayesu case, the ICTR found that "~s~exual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact." 73 In the Furundzija case, the ICTY similarly found that international criminal law punishes not only rape, but also "all serious abuses of a sexual nature inflicted upon the physical and moral integrity of a person by means of coercion, threat of force or intimidation in a way that is degrading and humiliating for the victim's dignity."74  The legal and social condemnation of child pornography exemplifies our collective understanding that the production, viewing, and distribution of certain kinds of sexual images are harmful. In New York v. Ferber,75 the United States Supreme Court recognized that the distribution of child pornography is distinct from the underlying crime of the sexual abuse of children.76 The Court observed that "~t~he distribution of photographs and films depicting sexual activity by juveniles . . . ~is~ a permanent record of the children's participation and the harm to the child is exacerbated by their circulation."77 When images and videos of sexual assaults and surreptitious observation are distributed and consumed, they inflict further harms on the victims and on society connected to, but distinct from, the criminal acts to which the victims were originally subjected.78 The trafficking of this material increases the demand for images and videos that exploit the individuals portrayed. This is why the Court in Ferber held that it is necessary to shut down the "distribution network" of child pornography to reduce the sexual exploitation of children: "The most expeditious if not the only practical method of law enforcement may be to dry up the market for this material by imposing severe criminal penalties on persons selling, advertising, or otherwise promoting the product."79 Nonconsensual pornography raises similar concerns. Disclosing sexually explicit images without permission can have lasting and destructive consequences. Victims often feel shame and humiliation every time they see them and every time they think that others are viewing them. Consider the experience of sports reporter Erin Andrews. After a stalker secretly taped her while she undressed in her hotel room, he posted as many as ten videos of her online.80 Google Trends data suggested that just after the release of the videos, much of the nation began looking for some variation of "Erin Andrews peephole video."81 Nearly nine months later, Andrews explained: "I haven't stopped being victimized—I'm going to have to live with this forever . . . . When I have kids and they have kids, I'll have to explain to them why this is on the Internet."82 She further lamented that when she walks into football stadiums to report on a game, she faces the taunts of fans who have seen her naked online.83 She explained that she "felt like ~she~ was continuing to be victimized" each time she talked about it.84 Andrews's experience is echoed by that of Lena Chen, who allowed her ex-boyfriend to take pictures of them having sex. 85 After he betrayed her trust and posted the pictures online, the pictures went viral.86 As Chen explained, feeling ashamed of her sexuality was not something that came naturally to her, but it is now something she knows inside and out. 87 Victims of nonconsensual pornography are harmed each time a person views or shares their intimate images. B. Current Criminal Law's Limits Existing federal and state criminal laws have limited application to the initial posters of nonconsensual pornography and the laws have even less force with regard to site operators. This Subpart first explores the potential of criminal harassment statutes in pursuing the original discloser. Then, it turns to the possibility of extortion and child pornography charges against revenge porn site operators. 

D. Impact: Non-consensual image distribution causes chilling effect for survivors who are afraid to speak out and are silenced. Causes psychological violence.

Citron and Franks 14 Brackets for potentially offensive language Danielle Keats Citron, Mary Anne Franks. "CRIMINALIZING REVENGE PORN" 4/21/2014 https://www.law.yale.edu/system/files/area/center/isp/documents/danielle_citron_-_criminalizing_revenge_porn_-_fesc.pdf Danielle Keats Citron is a Lois K. Macht Research Professor and Professor of Law, University of Maryland Francis King Carey School of Law; Affiliate Scholar, Stanford Center on Internet and Society; Affiliate Fellow, Yale Information Society Project. Mary Anne Franks is an Associate Professor of Law, University of Miami School of Law.
Victims' fear can be profound. They do not feel safe leaving their homes.
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~survivors~ victims, it constitutes a vicious form of sex discrimination.

Materiality Double Bind

The PIC does everything that the aff does except allow nonconsensual image distribution. In the world of the PIC, one of three things happen: Either
Nonconsensual image distribution is bad under the AC FW and thus you vote negative because there is a unique piece of offense on the CP, or
Nonconsensual image distribution doesn't link to the AC FW in which case both the aff and the neg have equal offense under the FW because they do the same thing, and you presume neg, or
Nonconsensual image distribution is a good thing under your framework and there is a performative DA and independent reason to vote against you because you justify things like psychological violence and sexual assault as being good which makes debate dangerously unsafe. Also means you are the definition of abstraction because your framework can ignore things like assault which is a reason to drop you because debate needs to care about the real world consequences of our discourse.
Smith 13, Elijah. A Conversation in Ruins: Race and Black Participation in Lincoln Douglas Debate 
It will be uncomfortable, it will be hard, and it will require continued effort but the necessary step in fixing this problem, like all problems, is the community as a whole admitting that such a problem with many "socially acceptable" choices exists in the first place. Like all systems of social control, the reality of racism in debate is constituted by the singular choices that institutions, coaches, and students make on a weekly basis. I have watched countless rounds where competitors attempt to win by rushing to abstractions to distance the conversation from the material reality that black debaters are forced to deal with every day. One of the students I coached, who has since graduated after leaving debate, had an adult judge write out a ballot that concluded by "hypothetically" defending my student being lynched at the tournament. Another debate concluded with a young man defending that we can kill animals humanely, "just like we did that guy Troy Davis". Community norms would have competitors do intellectual gymnastics or make up rules to accuse black debaters of breaking to escape hard conversations but as someone who understands that experience, the only constructive strategy is to acknowledge the reality of the oppressed, engage the discussion from the perspective of authors who are black and brown, and then find strategies to deal with the issues at hand. It hurts to see competitive seasons come and go and have high school students and judges spew the same hateful things you expect to hear at a Klan rally. A student should not, when presenting an advocacy that aligns them with the oppressed, have to justify why oppression is bad. Debate is not just a game, but a learning environment with liberatory potential . Even if the form debate gives to a conversation is not the same you would use to discuss race in general conversation with Bayard Rustin or Fannie Lou Hamer, that is not a reason we have to strip that conversation of its connection to a reality that black students cannot escape.

2-off

Ethics is divided between ideal and non-ideal theory. Ideal theory ask what justice demands in a perfect world while non-ideal theory ask what justice demands in a world that is already unjust. Prefer non-ideal theory as a meta-ethical starting point:

Social Reality- ideal theory ignores social realities, which in turn contradicts ideals. Normative ideals aren't created separately from the social norms that govern us because those influence what we can count as an ideal in the first place.

MILLS : Charles W. Mills, "Ideal Theory" as Ideology, 2005
 "I suggest that this spontaneous reaction, far from being philosophically naïve or
AND
-as-idealized-model will never be achieved." (170)

Standpoint Epistemology: Ideal theory strips away questions of particularities and isolates a universal feature of agents. This normalizes a single experience and epistemically skews ethical theorizing.

MILLS 2: Charles W. Mills, "Ideal Theory" as Ideology, 2005  
"The crucial common claim—whether couched in terms of ideology and fetishism,
AND
level, the descriptive concepts arrived at may be misleading." (175)

Thus, the standard is resisting material inequalities. Non-ideal theory necessitates consequentialism since instead of following rules that assume an already equal playing field, we take steps to correct the material injustice. Prefer additionally-

States have no act-omission distinction which means they are responsible for the state of affairs they bring about, so constraint based theories collapse to consequentialism.

Sunstein and Vermule 05 (Cass Sunstein and Adrian Vermuele, "Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs," Chicago Public Law and Legal Theory Working Paper No. 85 (March 2005), p. 17.)
In our view, both the argument from causation and the argument from intention go
AND
All means based and side constraint theories collapse because two violations require aggregation.

Only consequences are relevant because the government is a collection of individuals so it doesn't have a unified intent. Even if it does there is no way to epistemologically access it.  And, conflicting side constraints means that the state always violates rights with every action it takes. Only consequentialism solves because it assigns equal weights to all citizens rather than arbitrarily valuing certain people or procedural methods.  Prefer government specific obligations because obligations differ by agent- surgeons have an obligation to cut open people while that would be repugnant for a normal person to do.

Only naturalism is epistemically accessible

Papinaeu 11 ~David Papineau, "Naturalism," Stanford Encyclopedia of Philosophy, 2007~
Moore took this argument to show that moral facts comprise a distinct species of non
AND
it is hard to see how we can have any knowledge of them.

Experience is epistemic – it is how we empirically ground our existence. Pain is universally bad and pleasure is universally good.

Nagel '86. Thomas ~"The View From Nowhere", 1986~
I shall defend the unsurprising claim that sensory pleasure is good and pain bad,
AND
such cases. There can be no reason to reject the appearances here.

Tournament: USC | Round: 2 | Opponent: Elite of Irvine SS | Judge: Zane Dille
It was a mostly lay round so just message me if you really want the cites

Tournament: USC | Round: 3 | Opponent: Malborough GK | Judge: Ayden Loeffler

1-off

A. Uniqueness: Federal funding for colleges and universities is growing now and has been increasing for several years

Camera 16 ~Lauren Camera, education reporter at US News, "Federal Education Funding: Where Does the Money Go?" US News, Jan. 14, 2016, http://www.usnews.com/news/blogs/data-mine/2016/01/14/federal-education-funding-where-does-the-money-go~~ JW
Government spending on education has surged over the last decade and a half, with
AND
$14.9 billion this year, an increase of 43 percent.

B. Title IX requires colleges to restrict constitutionally protected speech or lose federal funding.

Fire 16, Foundation for Individual Rights in Education, Department of Justice: Title IX Requires Violating First Amendment, 2016, https://www.thefire.org/department-of-justice-title-ix-requires-violating-first-amendment/
WASHINGTON, April 25, 2016—The Department of Justice now interprets Title IX
AND
University presidents must find the courage to stand up to this federal overreach."

Federal funding is critical for college operations, especially financial aid

Pew 15 (The Pew Charitable Trusts – compiles evidence and non-partisan analysis to inform the public and create better public policy, "Federal and State Funding of Higher Education: A Changing Landscape", http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2015/06/federal-and-state-funding-of-higher-education)**
States and the federal government have long provided substantial funding for higher education, but
AND
, while state funds primarily pay for the general operations of public institutions.

C. Benefactors will quit funding colleges if all speech is protected

MacDonald 05, G. Jeffrey MacDonald Correspondent of The Christian Science Monitor. Donors: too much say on campus speech? ; Colleges feel more pressure from givers who want to help determine who'll be speaking on campus. The Christian Science Monitor ~Boston, Mass~ 10 Feb 2005: 11. ~Premier~
According to Hamilton President Joan Hinde Stewart, angry benefactors threatened to quit giving if
AND
says Doyle, especially in terms of paid speakers who "promote hate."

D. Impact

Cuts to funding for higher ed and financial aid hampers college access, especially for students from low-income or minority backgrounds. This is a huge economic blow because college degrees reduce poverty, crime and a laundry list of impacts.

Mitchell et al 16 (Report published by the Center on Budget and Policy Priorities; authors were Michael Mitchell (State Budget and Tax), Michael Leachman (State Budget and Tax), and Kathleen Masterson, "Funding Down, Tuition Up: State Cuts to Higher Education Threaten Quality and Affordability at Public Colleges", http://www.cbpp.org/research/state-budget-and-tax/funding-down-tuition-up,
Years of cuts in state funding for public colleges and universities have driven up tuition 
AND

a) scale
b) size of link
Turns the 1AC

DA Framing

Ideal theory strips away particularities making ethics inaccessible and epistemically skewed

Mills 05, Charles, 2005, Ideal Theory" as Ideology,
"The crucial common claim—whether couched in terms of ideology and fetishism,
AND
level, the descriptive concepts arrived at may be misleading." (175)

2-off

A. Trump is pushing protectionism and tarrifs right now- Republicans are unwilling to support
Steinhaur Dec 5, Jennifer, House G.O.P. Signals Break With Trump Over Tariff Threat, 2016, https://www.nytimes.com/2016/12/05/us/politics/house-republicans-trade-trump.html
WASHINGTON — House Republican leaders signaled on Monday that they would not support President-elect Donald J. Trump's threat to impose a heavy tax on companies that move jobs overseas, the first significant confrontation over the conservative economic orthodoxy that Mr. Trump relishes trampling. "I don't want to get into some kind of trade war," Representative Kevin McCarthy, Republican of California and majority leader, told reporters in response to Mr. Trump's threats over the weekend to seek a 35 percent import tariff on goods sold by United States companies that move jobs overseas and displace American workers. Speaker Paul D. Ryan also pushed back against Mr. Trump on Monday in an interview with a Wisconsin reporter, saying an overhaul of the corporate tax code would more effectively keep companies in the United States than tax penalties. "I think we can get at the goal here," he said, "which is to keep American businesses American, build things in America and sell them overseas — that can be properly addressed with comprehensive tax reform." Mr. Trump's economic positions clashed with traditional conservatives during the campaign, but now these differences — on trade, government spending on infrastructure, and tax policies — have set the incoming president on a perilous course with the lawmakers whose support he needs to keep his agenda on track. Continue reading the main story "There will be a tax on our soon to be strong border of 35 percent for these companies wanting to sell their product, cars, A.C. units etc., back across the border," Mr. Trump said in a series of Twitter messages over the weekend. The response from Republican leaders underscored the limits of legislating 140 characters at a time on Twitter, and gave Democrats cause to believe they can work with Mr. Trump to outmaneuver congressional Republicans next year. "The president-elect won in part by campaigning against the Republican establishment on many economic issues," said Senator Chuck Schumer of New York, the incoming Democratic leader. "If he wants to get something done for working families in this country, he'll have to stand up to them when it comes time to govern, too." Mr. Trump first startled Republicans during the campaign when he attacked trade deals, putting himself more in line with Senator Bernie Sanders of Vermont than Mr. Ryan. He repeatedly insisted that trade deals had displaced American workers and harmed the economy, upending two centuries of American economic policies that held trade up as a good thing, a position that Republicans have pushed in recent decades. His positions helped imperil President Obama's trade pact with Asian nations, the Trans-Pacific Partnership, and abruptly stop further trade negotiations, which many experts in both parties believe limits the United States in its economic position against China, especially when paired with tariff threats. "I respect President-elect Trump for fulfilling his campaign promise to withdraw from T.P.P.," Representative Kevin Brady, Republican of Texas and chairman of the powerful House Ways and Means Committee, said shortly after the election. "We can't abandon these markets to China and other competitors, because American businesses and customers will lose out," he added. Mr. Trump made Republicans bend to his will — and against their long-held opposition to picking "winners and losers" in the economy — even before his inauguration when he announced last month that the Indiana-based air-conditioning manufacturer Carrier would keep roughly 1,000 jobs in the state rather than moving them to Mexico, thanks to $7 million in tax incentives negotiated by Vice President-elect Mike Pence, the current governor of Indiana. This is the sort of package Republicans have traditionally loathed. The once intensely conservative Mr. Pence channeled the views of Mr. Sanders when he explained the Carrier deal by saying, "The free market has been sorting it out, and America's been losing." Mr. Ryan and many other fiscal conservatives appeared to agree. "Everyone here knows what it means to lose jobs in their districts," said Representative Tom Cole, Republican of Oklahoma. "If Trump can keep a thousand families from going through such an ordeal, then good for him. And if it makes other companies think twice about the human consequences of their business decisions, so much the better." But big tariffs appear too much to abide. Both Mr. Ryan and Senator Mitch McConnell, Republican of Kentucky and the majority leader, supported a bill that gave Mr. Obama and his successor special "fast track" authority to negotiate trade agreements, and are proponents of reducing tariff barriers. "Tax cuts and deregulation will make the American economy great again, but tariffs and trade wars will make it tank again," David McIntosh, president of the conservative group Club for Growth, said in a statement, adding, "The majority leader is right to caution against protectionism and to urge a robust debate on free markets and trade."
B.  Trump campaigned against political correctness and retaliated against the Berkeley protests, which means he gets credit for the implementation of the aff. It proves he can beat even the most liberal institutions.  
Brown and Mangan 17 ~Sarah Brown and Katherine Mangan, "Trump Can't Cut Off Berkeley's Funds by Himself. His Threat Still Raised Alarm," The Chronicle of Higher Education, Feb. 3, 2017, http://www.chronicle.com/article/Trump-Can-t-Cut-Off/239100?cid=trend_right.~~ JW
Back in October, when President Trump vowed to "end" political correctness on college campuses, it was unclear how the then-presidential candidate planned to go about doing that. On Thursday, he dropped a hint: He threatened to cut off federal funding to the University of California at Berkeley after violent protests there prompted campus leaders to call off a talk by a far-right provocateur. Milo Yiannopoulos is a Breitbart News editor and Trump supporter who has for months traveled to campuses to give talks that often draw protests and have sometimes resulted in violence. He was once permanently banned from Twitter for his role in a harassment campaign against the actress Leslie Jones, and he has drawn heavy fire for his insulting comments about feminists, Black Lives Matters protesters, Islam, and topics he considers part of leftist ideology. Mr. Yiannopoulos was scheduled to speak on Berkeley's campus late Wednesday, as part of his "Dangerous Faggot" tour, and more than 1,500 students gathered outside the venue to peacefully protest. Then about 100 additional protesters — mostly nonstudents, Berkeley officials said — joined the fray and hurled smoke bombs, broke windows, and started fires. The violence forced the campus police to put Berkeley on lockdown and led university leaders to cancel the event. The following morning, a political commentator suggested on Fox and Friends First that President Trump should take away Berkeley's federal funding. Shortly thereafter, Mr. Trump decided to weigh in. Not surprisingly, Mr. Yiannopoulos liked that idea. On Facebook Thursday, he linked to a Breitbart article about the federal money Berkeley receives, adding, "Cut the whole lot, Donald J. Trump." Others were quick to condemn the president's threat. U.S. Rep. Barbara Lee, a California Democrat whose district includes the Berkeley campus, tweeted back: "President Trump doesn't have a license to blackmail universities. He's the president, not a dictator, and his empty threats are an abuse of power." Later, in a statement, Ms. Lee said Mr. Yiannopoulos "has made a career of inflaming racist, sexist and nativist sentiments." Meanwhile, she wrote, "Berkeley has a proud history of dissent and students were fully within their rights to protest peacefully." Could Mr. Trump take away a university's federal funding for what he sees as a violation of the First Amendment? Not on his own, and not entirely, some scholars say, though there are ways he could advocate for cutting some of it. Regardless, Mr. Trump's singling out of Berkeley is worth paying attention to, they say, because it serves as a message to other campus officials that they may soon be put in the position of responding to the president's social-media whims. How Berkeley Prepared Berkeley's chancellor, Nicholas B. Dirks, went to great lengths last week to explain why the university would not give in to demands to cancel Mr. Yiannopoulos's appearance. The First Amendment, the chancellor wrote, does not allow the university to censor or prohibit such events. "In our view, Mr. Yiannopoulos is a troll and provocateur who uses odious behavior in part to 'entertain,' but also to deflect any serious engagement with ideas," Mr. Dirks wrote. But, he added, "we are defending the right to free expression at an historic moment for our nation, when this right is once again of paramount importance." Mr. Dirks went on to warn that the university "will not stand idly by" if anyone tries to violate university policies by disrupting the talk. Still, the furor over the protests delighted many activists who have been arguing for years that pressure to be politically correct on campuses has stifled those with conservative views. Among them were members of the "alt-right" movement, a loosely affiliated group characterized by its white nationalist, sexist, and anti-Semitic views. The group clearly felt vindicated by the president's assertion that Berkeley doesn't allow free speech, which came on the heels of the online discussion group Reddit banning an alt-right community for publishing personally identifiable information about people it is criticizing. The Left is trying to shut us down because they are losing. We're the real opposition on the Right. We're... https://t.co/Q9HayfRhSD — AltRight.com (@AltRight_com) February 2, 2017 On Thursday, Mr. Dirks released a statement doubling down on his earlier comments about the campus's commitment to free speech. The violence, he said, was perpetrated by "more than 100 armed individuals clad all in black who utilized paramilitary tactics to engage in violent, destructive behavior" designed to shut the event down. "We deeply regret that the violence unleashed by this group undermined the First Amendment rights of the speaker as well as those who came to lawfully assemble and protest his presence." The university had anticipated a large crowd of protesters at Mr. Yiannopoulos's talk on Wednesday night and had brought in dozens of police officers from across the university system to help maintain order. But "we could not plan for the unprecedented," Mr. Dirks wrote. The event was called off only after the campus police concluded that the speaker had to be evacuated for his own safety, he added. "We could not plan for the unprecedented." Mr. Trump's threat was also criticized by a group that is known for condemning campuses that it sees as violating free speech rights. The Foundation for Individual Rights in Education, known as FIRE, released a statement Thursday objecting to "both violence and attempts to silence protected expression." The group said, however, that it had seen no evidence that Berkeley, as an institution, had made any effort to silence Mr. Yiannopoulos, and that the university had, in fact, resisted calls to cancel his visit until the situation got out of hand. FIRE added a caution that seemed to be directed at President Trump's threat to strip funding from Berkeley. "To punish an educational institution for the criminal behavior of those not under its control and in contravention of its policies, whether through the loss of federal funds or through any other means, would be deeply inappropriate and most likely unlawful," its statement said. Withholding Federal Funds The idea of punishing colleges for free-speech controversies was originally Ben Carson's idea, said Jonathan Zimmerman, a professor of the history of education at the University of Pennsylvania. Mr. Carson, a neurosurgeon and former Republican presidential candidate, said in October 2015 that he would have the U.S. Department of Education "monitor our institutions of higher education for extreme political bias and deny federal funding if it exists." Terry W. Hartle, a senior vice president at the American Council on Education, took the question mark on the end of Mr. Trump's tweet literally. The president might have been asking, Could I withhold federal funds from Berkeley? Mr. Hartle said. Yes, the federal government has the authority to withhold federal funds like financial aid from colleges that engage in certain activities, Mr. Hartle said. And it has the authority to attach conditions to the money it gives out. The Solomon Amendment, for instance, requires colleges to admit ROTC or military recruiters to their campus or risk losing money. But Congress would have to act to give the government the ability to take away federal funds for controversies involving the First Amendment, Mr. Hartle said. The government also couldn't pull funding from Berkeley by retroactively saying the institution's federal money is contingent on protecting free speech, said Alexander (Sasha) Volokh, an associate professor of law at Emory University. "If the funding comes explicitly with strings attached, which is that you must adequately protect free speech on your campus if you want these funds, and if the university takes these funds knowing the condition, that's one thing," he said. The U.S. Supreme Court has weighed in several times on strings attached to federal funding, Mr. Volokh said, and has determined that such conditions must be clearly stated in advance and related to the matter being funded. For instance, he said, the court said it was OK for the government to tie federal highway funds to a requirement for states to adopt a drinking age of 21, because highway safety could be affected by the drinking age. But the National Institutes of Health probably couldn't attach a requirement for free-speech protection to a grant for researching Ebola, he said. Moving forward, Mr. Trump could tell federal research agencies that some of their contracts with colleges and researchers should now include stipulations about free speech, Mr. Volokh said. "I have the feeling that Trump had something much blunter in mind," he said. 'Uncharted Territory' Mr. Trump's social-media attack on Berkeley raises another question for colleges: how to respond to such tweets. "This is uncharted territory for all organizations," not just colleges, Mr. Hartle said, citing Mr. Trump's criticism of Boeing for what he considered to be an overpriced contract for constructing two Air Force One planes that future presidents will use. (Boeing subsequently promised to keep the cost below $4 billion.) "You can't just ignore it if the president of the United States tweets about you." It might not be wise to pick a fight with someone who has millions of Twitter followers, Mr. Hartle said, but "you can't just ignore it if the president of the United States tweets about you." Berkeley is in a particularly difficult situation, Mr. Hartle said, because in his view the university did everything right when Mr. Yiannopoulos came to the campus. "Berkeley tried to allow him to speak and to allow protesters to protest," he said. "Everything was fine until the protests turned violent." One challenge for colleges, he said, will probably involve dealing with people, particularly nonstudents, who want to disrupt speakers and who "now see resorting to violence as simply another tactic in an effort to accomplish their purpose." If Mr. Trump were to push Congress to pass a law giving him the authority to take away federal funds from colleges for free-speech controversies, Mr. Hartle said, "they should carve out some sort of exception when it involved violence or a police request." "Trump is not wrong when he says a lot of people on these campuses want to squelch free speech." While the president might not make such legislation a priority, college officials shouldn't dismiss his criticism of Berkeley, said Mr. Zimmerman, of Penn. "It's ridiculous and frightening for the president to be threatening to withhold money based on his perception of what's happening with free speech on campus," he said. On the other hand, he said, "Trump is not wrong when he says a lot of people on these campuses want to squelch free speech." When institutions disinvite speakers or try to quash a right-wing group's event or demonstration, Mr. Zimmerman said, "they're playing right into Trump's hands." Given the violence, Mr. Zimmerman doesn't begrudge Berkeley's administration for canceling the speech. But he described as problematic a letter signed by dozens of professors saying that Mr. Yiannopoulos shouldn't be allowed to speak on campus. Ultimately, Mr. Volokh is more concerned about the way in which Mr. Trump made his point, versus the content of the tweet. "It wasn't enough for him to say that free speech is important," Mr. Volokh said. "He had to do it in a way that was threatening."
C. 

1. The plan wins over Congressional Republicans and the Ways and Means committee
   McGrady 16 ~Michael McGrady, CU Colorado Springs, "House Republicans to college students: Have you been censored? Let us know. Email us!" The College Fix, March 4, 2016, http://www.thecollegefix.com/post/26499/~~ JW
   House Republicans have called on students nationwide to email them stories of censorship in the wake of a subcommittee hearing on Wednesday at which testimony conveyed that colleges abuse their tax-exempt status as an excuse to restrict free speech. Students — as well as faculty and administrators — have been asked to send in their suppressed-speech stories to campus.speech@mail.house.gov. The request comes as concerns over freedom of speech on campus had its day in Washington D.C. as lawmakers examined whether universities that prohibit students' use of campus resources for political activity and enforce restrictive speech codes are operating lawfully under their tax-exempt status. "Confusion over IRS guidelines is the likely cause of this censorship," the Foundation for Individual Rights in Education's litigation director Catherine Sevcenko told lawmakers. "General counsel are not going to allow political activity that they fear would endanger the school's tax-exempt status." The debate among House Ways and Means oversight subcommittee members questioned whether colleges violate the public trust by not allowing students to voice political opinions. The Hill reports that Democrats on the panel questioned why the committee was even addressing the issue, suggesting "it would be a better use of the panel's time to hold hearings about the effect of budget cuts on the IRS's customer service and about identity thieves stealing taxpayer information." But Republicans stood firm that protecting campus free speech is vital. "Every single year, American taxpayers give colleges and universities billions of dollars worth of tax breaks. As a nation, we believe education is an extremely valuable public good. But is this bargain truly benefiting the American taxpayers—or the students—when colleges suppress speech on campus?" Rep. Peter Roskam, a Republican from Illinois, said at the start of the hearing. He pointed out most colleges, both public and private, are either tax-exempt organizations or have separate endowments that are tax-exempt. "Under these provisions of tax law, taxpayers give financial benefits to schools based on the educational value they offer our society," he said. "When colleges and universities suppress speech, however, we have to question whether that educational mission is really being fulfilled." And Republican Rep. Mike Lee of Pennsylvania added: "I don't care what college it is, private or public, all these folks are influenced some way or another by the tax code." "So, I don't want anybody to ever be confused about why we would hold this ~hearing~ today," Lee said. "If not us, who? Who would hear you? Who would stand up for you? Who would defend you in the public place?"
   2. Winners win: Presidential boldness creates a steamroll effect
   Green 10 ~David Michael Green, professor of political science at Hofstra University, "The Do-Nothing 44th President," OpEd News, June 11, 2010, http://www.opednews.com/articles/The-Do-Nothing-44th-Presid-by-David-Michael-Gree-100611-648.html~~ JW
   Moreover, there is a continuously evolving and reciprocal relationship between presidential boldness and achievement. In the same way that nothing breeds success like success, nothing sets the president up for achieving his or her next goal better than succeeding dramatically on the last go around. This is absolutely a matter of perception, and you can see it best in the way that Congress and especially the Washington press corps fawn over bold and intimidating presidents like Reagan and George W. Bush. The political teams surrounding these presidents understood the psychology of power all too well. They knew that by simultaneously creating a steamroller effect and feigning a clubby atmosphere for Congress and the press, they could leave such hapless hangers-on with only one remaining way to pretend to preserve their dignities. By jumping on board the freight train, they could be given the illusion of being next to power, of being part of the winning team. And so, with virtually the sole exception of the now retired Helen Thomas, this is precisely what they did.
   D. New tarrifs doom millions and millions to extreme poverty. They also have a spillover effect, multiplying the impact.
   Beauchamp 16, Zach, Apr 5, 2016, If you're poor in another country, this is the scariest thing Bernie Sanders has said http://www.vox.com/2016/3/1/11139718/bernie-sanders-trade-global-poverty
   Free trade is one of the best tools we have for fighting extreme poverty. If Sanders wins, and is serious about implementing his trade agenda as outlined in the NYDN interview and elsewhere, he will impoverish millions of already-poor people. What's worse is that the specific ways Sanders has proposed to roll back previous trade agreements could lead to serious reprisals from the affected countries. The nightmare scenario, experts say, is a global slide toward protectionism, wherein China and other countries take cues from the US and impose their own retaliatory tariffs. That would devastate economies in the developing world, dooming many more millions to a lifetime of crushing poverty. What makes this issue particularly tricky, though, is that there's real truth to Sanders's critique: Recent economic research suggests that freer trade has hurt many Americans, particularly those who worked in manufacturing. The question, then, is how much we're willing to hurt the world's poor in order to help ourselves. Sanders wants to reverse decades of US trade liberalization Bernie Sanders's opposition to trade goes far beyond opposing new agreements, like the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP). His website promises to "reverse" NAFTA and the Central American FTA (CAFTA), bills slashing US tariffs on goods from around the Americas. It also promises to get rid of permanent normal trade relations (PNTR) with China, a Clinton-era designation that prevents the US from imposing special tariffs on China that it doesn't impose on other trading partners. "If corporate America wants us to buy their products they need to manufacture those products in this country, not in China or other low-wage countries," Sanders's website says. According to Gary Hufbauer, a senior fellow at the Peterson Institute for International Economics and an expert on trade law, Sanders could unilaterally withdraw from NAFTA and CAFTA. Ending PNTR for China would probably be impossible without congressional buy-in, but Sanders could unilaterally impose new tariffs on Chinese goods, which would accomplish the same end of limiting imports from China. "There is power within the White House to increase duties on imported goods," Hufbauer tells me. "That's especially true with so-called safeguard laws, where ~the president alleges~ an injury to a domestic industry." But would Sanders actually do it? There's certainly reason for skepticism. Kim Elliott, an expert on trade at the Center for Global Development, notes that previous candidates (including both Barack Obama and Hillary Clinton in 2008) have suggested they would quit NAFTA. Of course, she points out, Obama did no such thing. Daniel Drezner, a professor and trade expert at Tufts University's Fletcher School of Law and Diplomacy who's been following the campaign closely, disagrees. He thinks Sanders's strong convictions on corporate America — his deep, ideological belief that American economic policy is arranged to benefit the rich and hurt the poor — would cause him to take a harder line on trade than any prior president. "Bernie thinks the American worker has gotten screwed," Drezner tells me. "He thinks the solution to that, at least in part, is to raise trade barriers against China and other low-wage economies." Sanders's record in Congress strongly supports Drezner's case. The candidate has bragged, in debates, of never supporting a trade agreement. In 1993, he was literally on the picket line against NAFTA; in 2005, Rep. Sanders spearheaded a congressional effort to reverse PNTR status for China. His campaign issued a fact sheet contrasting his decades of opposition to trade with Clinton's decades of supporting new agreements. "If we are serious about rebuilding the middle class and creating the millions of good paying jobs we desperately need, we must fundamentally rewrite our trade policies," Sanders wrote in a 2015 piece for the Guardian. There is no reason to doubt his sincerity on this issue. If he doesn't prioritize rolling back trade agreements, he betrays not only a series of campaign promises but an entire career's worth of advocacy. Sanders's policies would be devastating for China and Latin America To understand why these policies trouble development economists, you need to understand a little bit about who the world's poorest people really are. Extreme poverty — defined by the World Bank as living on less than $1.90 a day— is crushing. It's the kind of grinding poverty where you don't get access to running water, adequate food, proper toilets, or basic health care. Wealthy countries like the US have (nearly) eradicated this kind of poverty. Thankfully, extreme poverty is in decline globally, with the biggest declines (roughly 800 million people's worth since 1981) coming in China: Here's the problem for Sanders: The global decline in extreme poverty is inseparable from the global trading regime. When poor countries can sell cheap goods to rich countries, or bring in a lot of foreign direct investment, growth skyrockets. This means more jobs, better government services, and thus less poverty. "The free trade, or freer trade, that we've had since the end of the Second World War has been the great engine which has lifted up literally hundreds of millions of people out of poverty — far more than any aid programs," Hufbauer says. "The econometrics is indisputable." See, for example, this 2008 study by UCLA economist Romain Wacziarg and Karen Horn Welch. Wacziarg and Welch looked at 50 years of trade data to figure out the effects of trade liberalization on economic growth. They found that, on average, economic growth increased by 1.5 points after a country passed laws opening up to foreign trade: China is, of course, the most dramatic example of this effect: Its incredible economic growth since 1981 came principally from exports. While the Chinese economy has since shifted away from exports somewhat, the sector still makes up 22.6 percent of Chinese GDP. Trade with the US — the world's largest economy — is a key part of that story of uplift. Any serious attempt by a Sanders administration to impede trade with China would put a serious crimp in Chinese economic growth, which is already slowing down. This would make it harder for the roughly 54 million Chinese people still living in extreme poverty to escape — and it could potentially could throw even more Chinese people into poverty. "If Sanders were to impose significant trade barriers with China," Drezner says, "the marginal middle class, or the ones who had just gotten out of poverty, would likely wind up falling back into poverty." "China's economy is already not doing as well as it was," Charles Kenny, a senior fellow at the Center for Global Development, says. "Anything that slows down the growth of exports … is going to be bad for future reductions in Chinese poverty." Canceling NAFTA and CAFTA would also be quite bad. While there's not a lot of extreme poverty in Mexico and Central America, these countries are still far poorer than the US. Impeding free trade with those countries would prevent US dollars from flowing in, thus further impoverishing their poorest. "The proposals to end particular trade agreements — that could be devastating for Central America," Elliott says. "If it meant going back to the trade barriers that we had in place a decade ago, that's going to mean much less trade coming out of Central America to the United States, ~and thus~ many fewer jobs." Even Dani Rodrik — a Harvard economist who called NAFTA a "huge disappointment" for Mexico in our conversation — thinks rolling back it and CAFTA would be a bad idea. "It would make a big difference to how America's partners in the world look at it, in terms of its credibility to be a leader," he says. Asked about a major tariff on Chinese goods, he waxed apocalyptic. "The example of the 1930s — with the US Smoot-Hawley tariff increases, and the kind of trade war that seriously exacerbated the Great Depression in the world economy, and the downward spiral of global trade — I think that should stand as a very serious warning," he says. The global consequences could be even worse These decisions don't happen in a vacuum. The global trade system, generally speaking, depends on leadership by example. When the United States opens up its own markets, other countries tend to do the same. If the US were to embrace protectionism, other countries would follow suit. The logic here is fairly ironclad. If the world's largest economy feels the need to protect its own industries from foreign competition, why shouldn't other, less economically powerful countries do the same? "Without the United States, you can't have global trade deals, you can't have progress in this area," Kenny says. "If the United States does start backsliding towards protectionism, that is quite likely to set off a spiral toward greater protectionism worldwide." American tariffs "are legally capped at 2, 3, 4 percent" under international trade law, says Elliott. Violating that restriction "risks setting off the kind of trade war that we saw in the early years of the Great Depression. Other countries are not just going to sit around and not respond to that." How bad this gets, of course, depends on how committed Sanders is to throwing up barriers to foreign trade. The more he uses executive authority to enact new tariffs, the more retaliation from other countries you're likely to see. The people who would be screwed over the most by a global backlash to free trade would, clearly, be the roughly 900 million people still living in extreme poverty. These people, clustered in South Asia and sub-Saharan Africa, could still reap tremendous benefits from exporting goods to foreign markets — essentially replicating a major part of China's growth strategy. But if richer countries like China and the US get into a serious trade war, with overall tariffs escalating on both sides, they could lose access to these markets. No more exports means much less growth, which in turn dooms millions — maybe hundreds of millions — of people to extreme poverty. Smaller, poorer countries "are just going to be bystanders who have to take what comes at them from the global economy," Elliott says. "The poor countries don't have anything in the way of fiscal or financial sources to cushion the blow, especially for the poorest people." Sanders's war on trade might be aimed at helping the American working class. But if he were really serious about it, the damage to the world's very poorest would be astronomical.

Tournament: USC | Round: 5 | Opponent: Harvard Westlake EE | Judge: Srividiya Desaraju

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Interp: The aff must defend that all constitutionally protected speech in all venues ought not be restricted by public colleges or universities. To clarify, they can't defend removing a specific restriction on speech. 

2-off

Interp: Constitutionally protected speech refers to either (a) literal speaking or (b) symbolic speech, so the affirmative must not defend the lifting of restrictions on printed, written, or published material.

3-off

CP Text: Public colleges and universities in the United States ought not restrict any constitutionally protected journalistic speech except in instances of plagiarism or fabrication of article content

Plagiarism has happened on colleges and is not subject to copyright law.

SPLC 15 ~Student Press Law Center, advocate for student First Amendment rights, for freedom of online speech, and for open government on campus, "Avoiding plagiarism in the student media," August 31, 2015, http://www.splc.org/article/2015/08/avoiding-plagiarism-in-the-student-media~~ JW
"Plagiarist!" It is an accusation that strikes fear in the hearts of students
AND
unique reason as to why plagiarized articles are necessary to access the aff impacts

Students also straight up fabricate articles, making up quotes and sources

Tenore 12 ~Mallory Jean Tenore, managing editor of The Poynter Institute's website, "10 ways to prevent plagiarism, fabrication at college newspapers (and in any newsroom)" Poynter, October 8, 2012, https://www.poynter.org/2012/10-ways-to-prevent-plagiarism-fabrication-at-college-newspapers-and-in-any-newsroom/190754/~~ JW
Multiple news organizations have recently found themselves in the middle of plagiarism and fabrication scandals
AND
crazy how little support we give student journalists compared to what we expect."

Students who engage in such practices are fired in the status quo

Reimold 13 ~Dan Reimold, "Ethics Alert: Should Student Reporter Who Fabricated Sources Be Outed by Editors?" College Media Matters, October 10, 2013, http://www.collegemediamatters.com/2013/10/10/ethics-alert-should-student-reporter-who-fabricated-sources-be-outed-by-editors/~~ JW
A reporter at The Daily O'Collegian made up "at least one and as many
AND
articles online by including information from real sources in place of the bogus ones

Some university publications don't have external accountability which leads to educationally bankrupt journalism and an inability to check journalism

WSN 16, WSN Editorial Board, 2016, Fake News Problem Includes Quack Journalism, http://www.nyunews.com/2016/12/01/fake-news-problem-includes-quack-journalism/
Specifically on the university level, publications like The Odyssey have damaged journalism by providing
AND
Americans reject all kinds of fake news sites and support the genuine article.  

Plagiarism harms the academic environment in universities

Colantuono ~Florence Colantuono, "Academic Plagiarism." Explorable.~
The written word is used to gauge a persons experience and achievement, when something is plagiarized it does not afford the reader a true opportunity to understand the writer, to gauge progress in academia. Clearly this act impacts the writers learning. If when presented with a paper an unknowing instructor provides constructive criticism that is meant for the writer to help improve, it is wasted. The author can never know the status of their work if it is not their own. Academic plagiarism affects many people along the way. It obviously affects the person whose work has been plagiarized by not affording the author credit for hard work. It affects the person who commits' the plagiarism by not affording the person an opportunity to receive constructive feedback. By not sharing ones own ideas important milestones are missed. It affects the efforts of the instructor to gauge the material being taught as useful of not. Generally academic plagiarism affects the academic community as a whole. Academic success is based on the ability of the institution to affect both public and corporate policy, with a high plagiarism rate the institution will lose standing and creditability.

Tournament: Damus | Round: 1 | Opponent: Harker AC | Judge: Michael OKrent

1-off

Judges usually wouldn't rule on the cases prevented by qualified immunity, since there's no stated compensable claim for relief, but ending qualified immunity would force defendents to go to trial—the aff world sees the same net effect after a protracted legal battle, so it clogs the courts for no reason at all.

Putnam and Ferris 92 ~Charles T. Putnam ~Senior Assistant Attorney General, New Hampshire~ and Charles T. Ferris ~JD, Franklin Pierce Law Center~, "Defending a Maligned Defense: The Policy Bases of the Qual- ified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992~
National resources are obviously scarce, yet increasing numbers of section 1983 actions are being
AND
, so they're on the hook for legal fees with no hope of compensation 

Limiting QI clogs the courts – empirically confirmed – best study., Noll 8'

Noll, David L. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83 (2008): 911
In the context of ordinary civil litigation between two private parties, the total (
AND
and has undoubtedly affected the development of the modern qualified immunity doctrine.53

All of these impacts are supercharged by the fact that police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages to victims whose constitutional rights an officer has violated, will be a vehicle of overdeterrence.97 But the widespread practice of indemnification means that individual officers are almost never financially responsible for civil judgments against them, practically eliminating any fiscal motivation for avoiding harmful conduct.98 In fact, in many instances, even the police department that employs the officer suffers no direct financial consequences because police litigation costs and damages awards are often paid from a city or insurer's general budget.99 The police department is not financially penalized, and thus has no incentive to discipline the officer or attempt to prevent him from repeating the unconstitutional behavior in the future. And because law enforcement officials are often unaware of the allegations set forth in lawsuits filed against them or their employees, officers' conduct often goes uninvestigated and undisciplined, and allegations of unconstitutional conduct do not affect performance reviews or opportunities for promotion. 100 Finally, although many law enforcement officers claim that the threat of incurring liability deters them from misconduct, studies contrarily indicate that potential liability does not actually alter most officers' on-the-job actions.101 

This means the aff needlessly clogs the courts without accessing the net beenfits of the aff. Court clog undermines just enforcement of laws—turns the case by encouraging subjective application

Bannon 13 ~Alicia Bannon (serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). "Testimony: More Judges Needed in Federal Courts." Brennan Center for Justice at NYU School of Law. September 10, 2013~
The growing workload in district courts around the country negatively impacts judges' ability to effectively
AND
excluded by federal housing laws, employers seeking recompensation from abusive corporations etc. 

2-off

CP Text: The United States Federal Government should mandate that all police officers wear body cameras. Status is .

CP solves material impacts of case—empirics prove body cameras massively reduce violence.

Feige 15 ~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
AND
citizens are dismissed in favor of the self-justification of the police.

3-off

If the resolution is permissible but not obligatory, you negate because ought implies a moral obligation, and obligations are disproven when the action is simply permissible because if not taking the action is also permissible, the action itself can't be obligatory. Substantive reasons for presumption come first because any little bit of offense on the flow means I'm a little bit ahead

Next, the moral judgment of any action requires an assessment of capacity—agents can only be deemed culpable for failing to do something they could have done otherwise .

Streumer ~Bart. Reasons and Impossibility, 2004~
The argument from tables and chairs. There cannot be a reason for a table or a chair to perform an action, because it is impossible for a table or a chair to perform an action. When it is impossible for a person to perform an action, this person is in the same position with regard to this action that a table or a chair is in with regard to all actions. Therefore, just as there cannot be a reason for a table or a chair to perform an action, there cannot be a reason for this person to perform this action. And therefore, (R) is true.
Thus the standard is consistency with individual capabilities. To clarify, you can only
AND
immunity would make officers liable for actions they are not morally culpable for.

A. Officer conduct in high-stress situations is instinctive, not based on free will- empirics prove

Ross 13 ~Assessing Lethal Force Liability Decisions and Human Factors Research Darrell L. Ross, PhD, Professor and Department Head, Department of Sociology, Anthropology, and Criminal Justice, and Director of The Center of Applied Social Sciences, Valdosta State University~
It is well-known that physiological stress can impact perception (Janis and Mann
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, the officer couldn't have known, so he shouldn't be personally liable.

C. Bad decisions result from inadequate training—departments, not officers, are at fault.

Holland 15 ~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~
What got less attention is that less than two weeks before the shooting, the 
AND
for using violence, and very little guidance on how to avoid it.

Case

1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages to victims whose constitutional rights an officer has violated, will be a vehicle of overdeterrence.97 But the widespread practice of indemnification means that individual officers are almost never financially responsible for civil judgments against them, practically eliminating any fiscal motivation for avoiding harmful conduct.98 In fact, in many instances, even the police department that employs the officer suffers no direct financial consequences because police litigation costs and damages awards are often paid from a city or insurer's general budget.99 The police department is not financially penalized, and thus has no incentive to discipline the officer or attempt to prevent him from repeating the unconstitutional behavior in the future. And because law enforcement officials are often unaware of the allegations set forth in lawsuits filed against them or their employees, officers' conduct often goes uninvestigated and undisciplined, and allegations of unconstitutional conduct do not affect performance reviews or opportunities for promotion. 100 Finally, although many law enforcement officers claim that the threat of incurring liability deters them from misconduct, studies contrarily indicate that potential liability does not actually alter most officers' on-the-job actions.101 

2. Terminal Defense- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity

Fallon 11 ~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
As another possible response to a world without official immunity, the Supreme Court might diminish the scope of at least some substantive constitutional rights. Indeed, I think I can identify cases in which the Court has already trimmed the scope of constitutional rights for the purpose of stemming what it has regarded as an undue flood of suits for damages into federal court. Express- ing concerns that the Due Process Clause should not become a font of tort law, the Court held in Paul v. Davis that a plaintiff whose name and photograph had been included in a police flyer identifying active shoplifters had not alleged an actionable due process violation because mere harm to reputation does not count as a deprivation of constitutionally protected "liberty."49 Paul's ~the~ narrow interpretation of the due process right, which found little support in prior decisions,50 was almost certainly "motivated by concerns about the section 1983 remedy" and the social costs of "the wholesale federalization of tort claims against state and local government officials and the corresponding prospect of massive damages liability."51 The Court further narrowed its interpretation of constitutionally protected due process rights, apparently in response to the same concern, in Parratt v. Taylor,52 which held that random and unauthorized deprivations of liberty and property do not violate the Due Process Clause unless and until a state has failed to provide post-deprivation corrective process.53 46. See Fallon and Meltzer, supra note 10, at 1779–87. Again voicing concerns about the social costs of permitting § 1983 and the Due Process Clause to be- come fonts of tort law, the Court pared back the scope of previously recognized due process rights once more in Daniels v. Williams,54 which held that merely negligent deprivations of liberty and property do not violate the Fourteenth Amendment.55 With the Court having shrunk the scope of the due process guarantee in Paul, Parratt, and Daniels, it is easy to imagine the Justices simi- larly circumscribing other rights if, in the absence of official immunity, they regarded the social costs of damages actions as too high. For example, the Court could plausibly respond to a flood of suits seeking damages for unreasonable searches and seizures by holding that if any reasonable person could think a search reasonable, it is not unreasonable.56
3. Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime.  
Rosen 05, Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev
This effect dovetails with a growing tendency toward "depolicing" that has become prevalent in several of America's urban cores.60 According to many officers, recent years have seen an increase in lawsuits and informal complaints brought against law enforcement, a correlate tendency in departments to steer officers away from necessarily risky conduct in do-or-die situations, and a concomitant decline in officer morale. 61 In 1981 in the State of California,"2 residents placed 8,686 complaints against peace officers, of which 1,552 or 18 were ultimately sustained.63 In 2000, Californians recorded 23,395 complaints, of which 2,395 or 10 were sustained. 64 This ballooning of claims - in particular unsuccessful ones65 - is as troubling as it is dramatic. The Oakland, California, Citizens Police Review Board ("CPRB") embodies this deterrent effect.66 This board provides an independent forum in which aggrieved citizens can register their complaints about police conduct. 67 At the same time, Detective Jesse H. Grant, who has had personal experience appearing before the CPRB, notes that complaints, more than 80 of which were not sustained in 2002, impose a serious deterrent effect on police conduct. 68 Officers now more than ever think twice and act conservatively - although not necessarily safely - when engaged in violent altercations with or apprehensions of dangerous suspects. 69 Ironically, the presence of entities like the CPRB undermines the justification for excessive force lawsuits to begin with: by providing an avenue for voicing grievances over police conduct, such boards obviate some of the need for civil actions. Moreover, they reflect the deterrent effect that wide-open public access to disciplinary bodies can breed. Thus, there exist significant reasons for the courts to grant some kind of immunity to law enforcement officials in order to ensure the continued quality of their work. By increasing the threat of litigation, frivolous lawsuits can serve to deter officers' reasonable conduct, thus imperiling public safety and upending the delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens.
DOJ studies prove that chilling the police causes a huge increase in homicides and crime
Felton 16 Et Al, Ryan, Lois Beckett, Jamiles Lartey, 'Ferguson Effect' is a plausible reason for spike in violent US crime, study says, 2016, https://www.theguardian.com/us-news/2016/jun/15/ferguson-effect-homicide-rates-us-crime-study
A new justice department-funded study concludes that a version of the so-called "Ferguson Effect" is a "plausible" explanation for the spike in violent crime seen in most of the country's largest cities in 2015, but cautions that more research is still needed. The study, released by the National Institute of Justice on Wednesday, suggests three possible drivers for the more than 16 spike in homicide from 2014 to 2015 in 56 of the nation's largest cities. But based on the timing of the increase, University of Missouri St Louis criminologist Richard Rosenfeld concluded, there is "stronger support" for some version of the Ferguson Effect hypothesis than its alternatives. "The other explanations have a difficult time … explaining the timing and magnitude of the increase we saw in 2015 and continue to see in some cities in the current year," Rosenfeld said.The new research cuts against months of statements from Obama administration officials denying that there is any evidence for a Ferguson Effect, a suggested link between protests over police killings of black Americans and an increase in crime and murder. "While certainly there might be anecdotal evidence there, as all have noted, there's no data to support it," attorney general Loretta Lynchsaid in November. In early May, the White House press secretary, Josh Earnest, said: "There's not evidence at this point to link that surge in violent crime to the so-called viral video effect, or the Ferguson effect. There's just no evidence to substantiate that." He added: "If there's evidence that materializes to substantiate that claim, then we should figure out something to do about it." Early findings from Rosenfeld's study were first reported by the Guardian in early May. Rosenfeld, whose research on homicide trends in St Louis were used to debunk the Ferguson Effect last year, said that his "views have been altered" after doing a broader national analysis. In interviews with the Guardian, Rosenfeld cautioned that the version of the Ferguson Effect he finds plausible is very different from the one that some leading conservatives have described. The "dominant interpretation" of the Ferguson Effect, he wrote, is that criticism of the police after the killings of unarmed black citizens causes the police "to disengage from vigorous enforcement actions".
This outweighs
Scope- Police violence is awful, but we have to ask ourselves if we are willing to have tens of thousands of people killed in homicides, and millions more victim to serious crimes in order to save a hundred from police violence. The answer is obviously no.
Root Cause- The reason why the police use excessive force is because they believe that crime is rampant and that their life is in danger.

Tournament: Damus | Round: 3 | Opponent: Marlborough MC | Judge: Panny Shan

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====Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime.  ====
Rosen 05, Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev
This effect dovetails with a growing tendency toward "depolicing" that has become prevalent
AND
delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens.

Second, increasing liability decreases police morale and makes them less likely to police actively.

Leeuwen 16: ~Sean Van Leeuwen, Post June 23,2016, "Political rushes to judgement hurt public safety," Sean Van Leeuwen is Vice President of Association for Los Angeles Deputy Sheriffs~
Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically 
AND
they believe that crime is rampant and that their life is in danger. 

Most black homicide victims are killed by criminals, not police.

MacDonald 16 ~Heather MacDonald (writer of The War on Cops, drawing from Washington Post statistics on police killings from 2015), "Black and Unarmed: Behind the Numbers," the Marshall Project (a non-partisan, non-profit group dedicated to criminal justice reform), February 8, 2016~
While the nation was focused on the non-epidemic of racist police killings throughout
AND
provides the potential for monetary compensation, but that's nothing compared to solving homicides

2-off

Judges usually wouldn't rule on the cases prevented by qualified immunity, since there's no stated compensable claim for relief, but ending qualified immunity would force defendents to go to trial—the aff world sees the same net effect after a protracted legal battle, so it clogs the courts for no reason at all.

Putnam and Ferris 92 ~Charles T. Putnam ~Senior Assistant Attorney General, New Hampshire~ and Charles T. Ferris ~JD, Franklin Pierce Law Center~, "Defending a Maligned Defense: The Policy Bases of the Qual- ified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992~
National resources are obviously scarce, yet increasing numbers of section 1983 actions are being
AND
, so they're on the hook for legal fees with no hope of compensation 

Limiting QI clogs the courts – empirically confirmed – best study., Noll 8'

Noll, David L. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83 (2008): 911
In the context of ordinary civil litigation between two private parties, the total (
AND
that belong, if anywhere, in state court"51 is supported at 

Court clog turns case- Overburdened courts hamper effective representation—longer jail times, conviction of innocents, and racial biases means worse injustice.
Brunt 15
Alexa Van Brunt, "Poor people rely on public defenders who are too overworked to defend them" Guardian,http://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked, June 17, 2015.

Money can buy you a great defense team, but what if you can't afford one? More than 80 of those charged with felonies are indigent. As a result, they are unable to hire an attorney and instead rely on representation by a public defender.  Public defenders are, as a general matter, the hardest working sect of the legal bar. But our nation's public defender systems have long been plagued by underfunding and excessive caseloads. In Florida in 2009, the annual felony caseload per attorney was over 500 felonies and 2,225 misdemeanors. According to the US Department of Justice, in 2007, about 73 of county public defender offices exceeded the maximum recommended limit of cases (150 felonies or 400 misdemeanors). Too often, those who are poor receive lower quality defense than those who have the means to pay. The on-going decimation of public defense prevents defense attorneys from conducting "core functions," including factual investigation into the underlying charges. In a lawsuit brought in Washington State, it emerged that publicly appointed defense attorneys were working less than an hour per case, with caseloads of 1,000 misdemeanors per year. This state of affairs also leads to exorbitant trial delays. Consequently, roughly 500,000 pre-trial detainees sit in jail year after year before being adjudged guilty of any crime. This makes a mockery of the innocent-until-proven-guilty principle so sacred to our system of justice. Just two years ago, then-Attorney General Eric Holder acknowledged that the country's indigent defense systems were "in a state of crisis." Overworked and poorly prepared attorneys were unable to provide effective representation to those they counsel, in violation of their ethical obligations to provide competent and diligent representation and their clients' rights under the Sixth Amendment.  Holder's words came on the 50th anniversary of Gideon v Wainwright, in which the Supreme Court held that states are constitutionally required to provide counsel to defendants unable to afford to hire their own. Four years later, the Supreme Court ensured the same right for juveniles. Gideon prompted the widespread creation of public defender systems on which so many rely. Yet, the conditions underlying Holder's condemnation of public defense systems persist. Though funding for indigent defense systems vary by state, such systems are unified in being cash-strapped. Louisiana has had ongoing problems with the funding of its public defender systems since at least 1986 (controversially, Louisiana public defense is supported by the court costs and fines paid by public defenders' own clients). Ten judicial districts in the state are slated to run out of funds to pay their public defenders as early as ~halfway through the year~ 

All of these impacts are supercharged by the fact that police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages
AND
does not actually alter most officers' on-the-job actions.101 

This means the aff needlessly clogs the courts without accessing the net beenfits of the aff. Court clog undermines just enforcement of laws—turns the case by encouraging subjective application

Bannon 13 ~Alicia Bannon (serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). "Testimony: More Judges Needed in Federal Courts." Brennan Center for Justice at NYU School of Law. September 10, 2013~
The growing workload in district courts around the country negatively impacts judges' ability to effectively
AND
2013, so as to ensure the continued vitality of our federal courts. 

3-off

CP Text: The United States Federal Government should mandate that all police officers wear body cameras.

CP solves material impacts of case—empirics prove body cameras massively reduce violence.

Feige 15 ~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
AND
citizens are dismissed in favor of the self-justification of the police.

Cops want the cameras which means the CP doesn't create a chilling effect

Wyllie 12 ~Doug Wyllie, Editor at Large for PoliceOne, responsible for providing police training content and expert analysis on a wide range of topics and trends that affect the law enforcement community ,"Survey: Police officers want body-worn cameras," PoliceOne, Oct. 23, 2012, http://www.policeone.com/police-products/body-cameras/articles/6017774-Survey-Police-officers-want-body-worn-cameras/~~ JW
An overwhelming majority of police officers believe that there's a need for body-worn
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opinion was not widespread. In fact, it was the tiniest minority.

Case

1. Terminal Defense- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity

Fallon 11 ~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
As another possible response to a world without official immunity, the Supreme Court might
AND
reasonable person could think a search reasonable, it is not unreasonable.56

2. Squo solves

Kaste 16, Martin, 9-22-2016, "Police Reform Is Happening, But It's Hard To Track," NPR.org,http://www.npr.org/2016/09/22/495023234/police-reform-is-happening-but-its-hard-to-track
"Clearly the high-profile agencies ... the ones that have experienced challenges and
AND
honest about the fact that we're also asking them to take more risks. 

3. Liability doesn't affect police conduct- empirically proven

Schwartz 14 ~Joanna C. Schwartz, ~Assistant Professor of Law, UCLA School of Law~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~
Studies have found that "the prospect of civil liability has a deterrent effect in
AND
is currently not influenced to any substantial extent by the threat of litigation. 

4/. Limiting qualified immunity causes police officers to settle cases out of court—prevents any litigation or constitutional interpretation, which turns the precedent advantage

Boutwell 79 ~J. Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). "Qualified Immunity of Law Enforcement Officiais." FBI Law Enforcement Bulletin. January 1979~
"Hundreds of Police Agencies Losing Insuranc13 Coverage," The Washington Post, October 26
AND
to establish a principle. This was done in Hill v. Rowland.

5. The 1AC's focus on the officer instead of the government overlooks the larger structural issues that allow police violence to add up in the squo- putting on a badge does not turn you into a monster- rather, the problem is how we're training police.

Holland 15 Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015

 What got less attention is that less than two weeks before the shooting, the officer who shot Crawford had been trained to respond to "active shooter situations" by shooting first and asking questions later.According to The Guardian, officer Sean Williams and his colleagues were "taught to keep in mind that 'the suspect wants a body count' and therefore officers should immediately engage a would-be gunman with 'speed, surprise and aggressiveness.'" At that training, they were told to imagine that a crazed gunman was threatening their own relatives. Dispatchers led Williams and his partner to believe that an active-shooter situation was underway. Store surveillance videoshowed that Crawford was shot and killed just seconds after police made contact with him, and probably had no idea what was happening. They followed their training, acting with speed, surprise, and aggressiveness. Thanks in large part to pressure brought by Black Lives Matter activists, some police experts are calling for a complete overhaul in the way cops are trained, both as cadets and during the "in-service" training they receive over the course of their careers. There are no national standards for training police, and the amount and quality of their instruction varies from agency to agency. But a survey of 280 police departments conducted by the Police Executive Research Forum (PERF), a Washington, DC–based think tank, found that American cops are given extensive preparation for using violence, and very little guidance on how to avoid it. The median police recruit in the United States will receive 129 hours of instruction on defensive techniques and using his or her gun, baton, OC-spray, and Taser. That cadet will receive another 24 hours of scenario-based training, drilling on things like when to shoot or hold fire. The median trainee also gets 48 hours of instruction on constitutional law and his or her department's use-of-force policies.But that same future police officer will receive only eight hours of training in conflict de-escalation

Turn case- you move the blame on the wrong group. Lawsuits on police don't lead to any change and just prevent any real reform.  Gilles 2k

Gilles, Myriam "In defense of making Government pay: the deterrent effect of constitutional tort remedies."
In addition to serving an informational function, municipal liability claims serve a "fault
AND
liability, therefore, fixes the fault of constitutional violations directly on the municipal 

5. Juries love cops, so it's more likely that they won't deliver a guilty verdict. Ruse of solvency. Patton 92

Patton, Alison "Endless Cycle of Abuse: Why 42 USC 1983 Is Ineffective in Deterring Police Brutality, The." (1992):
Even in the face of seemingly indisputable evidence, such as a videotape, an
AND
obstacles to convince a typical jury that a police officer used excessive force.

7. Bad decisions result from inadequate training—departments, not officers, are at fault.

Holland 15 ~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~
What got less attention is that less than two weeks before the shooting, the 
AND
for using violence, and very little guidance on how to avoid it.

Tournament: Damus | Round: 6 | Opponent: Harvard-Westlake JaNa | Judge: Dan Miyamoto

1-off

PLAN FLAW - The use of the word will in the plan causes uncertainty—we don't know when the aff happens, if it happens at all

Bishop 11 ~Keith R. Bishop - California Commissioner of Corporations and Interim Savings and Loan Commissioner, currently partner at Allen Matkins' Corporate Law Group: "When Shall/Will/Must/May We Meet Again?" California Corporate Law 11/29/11; http://calcorporatelaw.com/2011/11/when-shallwillmustmay-we-meet-again/~~**
Lawyers are very fond of using the word "shall" in articles of incorporation
AND
the debate unpredictable. This kills fairness and education by destroying good clash.

2. Empirically proven- small mistakes have huge legislative consequences.

Heath 06 ~Brad, USA Today, 11-21-06, http://www.usatoday.com/news/nation/2006-11-20-typo-problems_x.htm~~**
In the legislative world, such small errors, while uncommon, can carry expensive consequences. In a few cases around the nation this year, typos and other blunders have redirected millions of tax dollars or threatened to invalidate new laws.

3. Language norms matter—they affect portability of education and the advocacy skills we develop, and the impact is magnified in legal settings

Miller no date ~Maureen Miller (South African Freelancers' Association and the Professional Editors' Group. Maureen is currently freelance sub-editor of South African Airways' in-flight magazine, Sawubona, and has sub-edited the Johannesburg Tourism Company magazine, SoJoburg). "The Importance of Grammar."~
The simple answer is that good and correct grammar, in whatever language, shows 
AND
of thought and communication through correct syntax and punctuation become even more important.

2-off

First link- Limiting qualified immunity harms police effectiveness—they have to spend additional time in court

Rosen 05 ~Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.~
It is hard to deny that the more time police officers spend at trial defending
AND
lawsuits appears to involve serious risks to agents as well as the public. 

Second, increasing liability decreases police morale and makes them less likely to police actively.

Leeuwen 16: ~Sean Van Leeuwen, Post June 23,2016, "Political rushes to judgement hurt public safety," Sean Van Leeuwen is Vice President of Association for Los Angeles Deputy Sheriffs~
Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically 
AND
they be accountable for rendering legal opinions the Supreme Court determines are wrong?

Chilling police action causes a homicide spike—empirically proven

Felton et al 16 ~Ryan, Lois Beckett, Jamiles Lartey, 'Ferguson Effect' is a plausible reason for spike in violent US crime, study says, 2016~
A new Justice Department-funded study concludes that a version of the so-
AND
unarmed black citizens causes the police "to disengage from vigorous enforcement actions".

Most black homicide victims are killed by criminals, not police.

MacDonald 16 ~Heather MacDonald (writer of The War on Cops, drawing from Washington Post statistics on police killings from 2015), "Black and Unarmed: Behind the Numbers," the Marshall Project (a non-partisan, non-profit group dedicated to criminal justice reform), February 8, 2016~
While the nation was focused on the non-epidemic of racist police killings throughout 
AND
think they are at risk, so increasing homicides will increase deadly force usage

3-off

Police reform solves the aff and it's happening right now—maintaining the squo is key to improvements

Kaste 9/22 ~Martin Kaste, 9-22-2016, "Police Reform Is Happening, But It's Hard To Track," NPR.org~
"Clearly the high-profile agencies ... the ones that have experienced challenges and 
AND
—individual departments know what's best for themselves more than the Supreme Court does

Limiting qualified immunity is counterproductive—it paints all officers with the same brush, decreasing internal motivation within police departments by making reform seem impossible.

Leeuwen 16: ~Sean Van Leeuwen, Post June 23,2016, "Political rushes to judgement hurt public safety," Sean Van Leeuwen is Vice President of Association for Los Angeles Deputy Sheriffs~
Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically 
AND
doesn't affect, but it derails reforms in state and local departments nationwide. 

4-off

The moral judgment of any action requires an assessment of capacity—agents can only be deemed culpable for failing to do something they could have done otherwise .

Streumer ~Bart. Reasons and Impossibility, 2004~
The argument from tables and chairs. There cannot be a reason for a table or a chair to perform an action, because it is impossible for a table or a chair to perform an action. When it is impossible for a person to perform an action, this person is in the same position with regard to this action that a table or a chair is in with regard to all actions. Therefore, just as there cannot be a reason for a table or a chair to perform an action, there cannot be a reason for this person to perform this action. And therefore, (R) is true.
Thus the standard is consistency with individual capabilities. To clarify, you can only
AND
immunity would make officers liable for actions they are not morally culpable for.

A. Officer conduct in high-stress situations is instinctive, not based on free will- empirics prove

Ross 13 ~Assessing Lethal Force Liability Decisions and Human Factors Research Darrell L. Ross, PhD, Professor and Department Head, Department of Sociology, Anthropology, and Criminal Justice, and Director of The Center of Applied Social Sciences, Valdosta State University~
It is well-known that physiological stress can impact perception (Janis and Mann
AND
, the officer couldn't have known, so he shouldn't be personally liable.

C. Bad decisions result from inadequate training—departments, not officers, are at fault.

Holland 15 ~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~
What got less attention is that less than two weeks before the shooting, the 
AND
for using violence, and very little guidance on how to avoid it.

5-off

Counterplan text: The United States Federal government should introduce CompStat technology into departments and use it to track police misconduct.
This stops misconduct and holds people accountable
 Hennelly 15, Robert, 2015
"Poisonous cops, total immunity: Why an epidemic of police abuse is actually going unpunished"http://www.salon.com/2015/05/13/poisonous_cops_total_immunity_why_an_epidemic_of_police_abuse_is_actually_going_unpunished/
"There's just no
 "There's just no effort
AND
 claims from frivolous suits."

The counterplan holds police accountable with a centralized police process that ensures individual decision making play less of a role. Takes the perm because qualified immunity because that holds individual police officers accountable, which tanks the counterplan.
Willis et  al 03, James, Stephen D. Mastrofski, David Weisburd. "COMPSTAT IN PRACTICE: AN IN-DEPTH ANALYSIS OF THREE CITIES", Police Foundation, pg 21-22. https://www.policefoundation.org/publication/compstat-in-practice-an-in-depth-analysis-of-three-cities/
More importantly, in the absence
AND
I think of accountability."

Case

Solvency

Liability doesn't affect police conduct- empirically proven

Schwartz 14 ~Joanna C. Schwartz, ~Assistant Professor of Law, UCLA School of Law~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~
Studies have found that "the prospect of civil liability has a deterrent effect in
AND
is currently not influenced to any substantial extent by the threat of litigation. 

Indemnification is the root cause— even if police weren't immune, they still wouldn't have to pay legal fees.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages 
AND
does not actually alter most officers' on-the-job actions.101 

Most section 1983 claims get thrown out of court anyway—there's no stated compensable claim for relief in the majority of cases.

Putnam and Ferris 92 ~Charles T. Putnam ~Senior Assistant Attorney General, New Hampshire~ and Charles T. Ferris ~JD, Franklin Pierce Law Center~, "Defending a Maligned Defense: The Policy Bases of the Qual- ified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992~
National resources are obviously scarce, yet increasing numbers of section 1983 actions are being
AND
an important safety measure for both the courts and defendants facing suit. \

Police departments rarely look into info surrounding suits. No solvency

Schwartz
Schwartz, Joanna  "Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking." UCLA Law Review 57 (2010):
_{This Article challenges the assumption of informed decisionmaking by exploring the ways in which information 
AND}
data collection combine to undermine departments' limited efforts to gather this information.23

Juries love cops, so it's more likely that they won't deliver a guilty verdict. Ruse of solvency. Patton 92

Patton, Alison "Endless Cycle of Abuse: Why 42 USC 1983 Is Ineffective in Deterring Police Brutality, The." (1992):
Even in the face of seemingly indisputable evidence, such as a videotape, an
AND
obstacles to convince a typical jury that a police officer used excessive force.

Police departments rarely look into info surrounding suits. No solvency

Schwartz
Schwartz, Joanna  "Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking." UCLA Law Review 57 (2010):
_{This Article challenges the assumption of informed decisionmaking by exploring the ways in which information 
AND}
data collection combine to undermine departments' limited efforts to gather this information.23

AT De Stefan 16

Most Americans are already confident in the police system despite events like Ferguson. The African-Americans who don't trust the system have already been so long disenfranchised that the aff is too little too late.

Jones 15 ~ Jeffrey M. Jones, "In U.S., Confidence in Police Lowest in 22 Years," Gallup, June 19, 2015, http://www.gallup.com/poll/183704/confidence-police-lowest-years.aspx~~ JW
While a majority of Americans remain confident in the police, 52 currently express
AND
blacks' trust, given the long history of tension between blacks and police.

Tournament: Glenbrooks | Round: 2 | Opponent: Apple Valley CR | Judge: Bennett Eckert

1-off

Interpretation: The affirmative may only fiat limiting qualified immunity for police officers; it may not also fiat overturning Sheehan and allowing the police to be sued under the ADA. To clarify, the plan text, i.e. the policy the aff proposes, can only be to limit qualified immunity, not to limit QI AND overturning Sheehan and allowing the police to be sued under the ADA
This does not mean you cannot read impacts regarding ableism and qualified immunity that apply to the debate, it just means that your action that you defend can only be the one mandated by the resolution.

The affirmative is extra-topical. Two warrants:

1. PART OF THE SOLVENCY COMES FROM CREATING THE ABILITY TO SUE POLICE UNDER THE ADA.  AFFIRMING REQUIRES APPLYING THE ADA TO ARRESTS, AN APPROACH THAT NOT ALL COURTS SUPPORT. Auner 16

Thomas J. Auner (JD at Loyola Law), For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests, 49 Loy. L.A. L. Rev. 335 (2016)
Fortunately, courts began taking this disproportionate figure into account by providing mentally ill people
AND
to arrest situations, leading to unequal federal protections for the mentally ill.  

2. OVERRULING THE SHEEHAN DECISION IS EXTRA TOPICAL.  IT INVOLVES MORE THAN THE QUESTION OF QI.  THE QUESTION IS ABOUT WHETHER POLICE HAVE TO MODIFY PROCEDURES FOR THOSE WITH DISABILITIES. ACLU 15

ACLU, 2/13/15, https://www.aclu.org/cases/city-and-county-san-francisco-v-sheehan, City and County San Francisco vs. Sheehan.  
 Whether the ADA's requirement to make reasonable accommodations for persons with disabilities applies to
AND
both officer safety and public safety are enhanced when appropriate procedures are followed.

Standards:

1. Ground. Explodes ground because the aff will get infinite arguments they can add with extra-T. This means the neg can never prepare a coherent strategy since a)they don't know what the aff will read and b) the neg doesn't know what the aff can access and perm. A bad division of ground steals our fairness because it gives one side more argumentative options.

2. Limits. Extra topicality kills limits because the aff can just arbitrarily add stuff onto the resolution, justifying infinite possible affs. You can literally get rid of any bad law under their interp, which also proves quality of ground since they always pick something that clearly affirms. This means the aff can just read anything that doesn't affirm. Limits key to fairness because without limits the aff could just be infinitely abusive. Also key to jurisdiction because it sets up what the judge can vote on.

3. Jurisdiction. If you are defending something that is outside the scope of the topic, then the judge is not voting on the resolution, rather something else that is different. So they cannot actually affirm.

4. Topical version of the aff solves all your discussion offense:

a) either defend whole res and make arguments about why limiting QI gives disabled people more recourse or chills violence against them

b) Defend adhering to certain restrictions of ADA but don't defend the 2 planks that are extra-T isolated above.

1. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
   2. Fairness outweighs education
   Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.

3. Jurisdiction is a constraint on fairness and education—absent a topical advocacy, it becomes impossible to affirm the resolution since you are endorsing something else which is a reason to negate since it means that something that isn't the resolution is good.

4. Drop the debater
a) Recourse- Drop the arg always incentivizes abusive positions because worse case scenario you lose access to the arg but best case you win on an abusive arg. Drop the debater to incentives further checking of abuse and to deter your use of them.
b) Drop the arg is severance on T because it shifts their advocacy to
AND
shell. Giving you another way out creates a 2:1 skew. 

2-off

A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.

Elinson and Frosch 15 ~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~
For most of the police departments surveyed by the Journal, the costliest claims were
AND
money into that fund to pay for the lawsuits has really been challenging."

B. Impact: Municipal financial struggles are the root cause of overpolicing

Graeber 15 ~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~
The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, 
AND
a loitering citation, so reducing the drive to overpolice will necessarily decrease brutality

This overpolicing disproportionately harms African-Americans

Natapoff 15 ~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~
These wrongful convictions are largely byproducts of "order maintenance" or "quality-
AND
, such as loitering, trespassing, disorderly conduct, or resisting arrest.

3-off

CP Text: The United States Federal Government should mandate that all police officers wear body cameras. Status is .

CP solves material impacts of case—empirics prove body cameras massively reduce violence.

Feige 15 ~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
AND
citizens are dismissed in favor of the self-justification of the police.

Case

FW

Solvency

1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages
AND
does not actually alter most officers' on-the-job actions.101 

2. Turn- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity, empirics prove.

Fallon 11 ~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
As another possible response to a world without official immunity, the Supreme Court might
AND
cases so the harm of losing substantive rights massively aggregates and outweighs case. 

3. TURN- The aff obscures the root cause of violence—punishing individual officers can't solve

Carbado 16 ~Carbado, Devon and Patrick Rock. "What exposes African Americans to police violence?" Harvard Civil Rights-Civil Liberties Law Review, vol. 51, 2016~
"Yet, for all the discussions we have had about race and excessive force 
AND
accountability, etc. You prelcude all these reforms for a single one. 

4. Terminal defense—liability doesn't affect police conduct- empirically proven

Schwartz 14 ~Joanna C. Schwartz, ~Assistant Professor of Law, UCLA School of Law~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~
Studies have found that "the prospect of civil liability has a deterrent effect in
AND
is currently not influenced to any substantial extent by the threat of litigation. 

TURN- The aff expands the power of the state, they can claim the courts are flooded and dismiss the cases they know they'll lose, this effectively makes every officer immune. Empirically proven in prisons.

Dunn 16 ~DUNN, ASHLEY. "Flood Of Prisoner Rights Suits Brings Effort To Limit Filings". Nytimes.com. N. p., 2016. Web. 20 Oct. 2016~
Over the years, the civil rights suits have become a powerful method to force 
AND
, to begin looking at ways to curb prisoners' access to the courts.

Tournament: Glenbrooks | Round: 3 | Opponent: Scarsdale GZ | Judge: Alex Tisher

1-off – theory

Uncondo route bad

Interpretation: Aff cannot read a theory spike in the AC that says "neg must have only one unconditional route to the ballot," if they are willing to defend their advocacy 

2-off DA

A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.

Elinson and Frosch 15 ~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~
For most of the police departments surveyed by the Journal, the costliest claims were
AND
money into that fund to pay for the lawsuits has really been challenging."

B. Impact: Municipal financial struggles are the root cause of overpolicing

Graeber 15 ~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~
The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, 
AND
collected in fines corresponds almost exactly to that shelled out to service municipal debt

This overpolicing disproportionately harms African-Americans

Natapoff 15 ~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~
These wrongful convictions are largely byproducts of "order maintenance" or "quality-
AND
, such as loitering, trespassing, disorderly conduct, or resisting arrest.

Overcriminalization disproportionately criminalizes the queer body

Leavitt 12 ~Adrien Leavitt, JD- Magna Cum Laude, Seattle University 2011, BA- Smith College 2004, "Queering Jury Nullification: Using Jury Nullification as a Tool to Fight Against the Criminalization of Queer and Transgender People," Seattle Journal For Social Justice, Volume 10, Issue 2, April 2012~
Rather than being a relic of the past, the disparate policing and criminalization of
AND
and arrest people perceived as deviant, problematic, or simply unacceptable.204

3-off NC

Overview to your framework: prefer ideal theory—

1. Motivation: Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, "Ideal Theory" as Ideology, 2005

"A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn't have to worry about the actual. But even for mainstream ethics this wouldn't work, since, of course, ought is supposed to impl~ies~ can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could anyone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what "model" or "ideal" means), the normative here has come ~is~ close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn't this, on the face of it, just completely implausible?"

2. Descriptive Ideality: ideal theory ignores social realities, which in turn contradicts ideals. Normative ideals aren't created separately from the social norms that govern us because those influence what we can count as an ideal in the first place.  MILLS 2: Charles W. Mills, "Ideal Theory" as Ideology, 2005

 "I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, is in fact the correct one. If we start from what is presumably the uncontroversial premise that the ultimate point of ethics is to guide our actions and make ourselves better people and the world a better place, then the framework above will not only be unhelpful, but will in certain respects be deeply antithetical to the proper goal of theoretical ethics as an enterprise. In modeling humans, human capacities, human interaction, human institutions, and human society on ideal-as-idealized-models, in never exploring how deeply different this is from ideal-as-descriptive-models, we are abstracting away from realities crucial to our comprehension of the actual workings of injustice in human interactions and social institutions, and thereby guaranteeing that the ideal-as-idealized-model will never be achieved." (170)

3. Global justice requires a reduction in inequality and a focus on material rights.

Okereke 07 ~Chukwumerije Okereke (Senior Research Associate at the Tyndall Centre for Climate Change Research at the University of East Anglia). Global Justice and Neoliberal Environmental Governance. Routledge 2007~
Notwithstanding these drawbacks, these scholars provide very compelling arguments against mainstream conceptions of justice
AND
of our heavily dominant Western civilization?' (Pogge 2002: 3). 

4. No act omission distinction for states.

Sunstein and Vermule 05~Cass R. Sunstein and Adrian Vermeule. The University of Chicago Law School. "Is Capital Punishment Morally Required? The Relevance of Life‐Life Tradeoffs." JOHN M. OLIN LAW and ECONOMICS WORKING PAPER NO. 239. The Chicago Working Paper Series. March 2005~
In our view, both the argument from causation and the argument from intention go
AND
a set of policy instruments that do not adequately or fully discourage it. 

Case

5. Kant fails—it can't weigh conflicts of duty. Collapses into consequentialism

Cummiskey 90, David, professor of philosophy at Bates College, Ph.D., "Kantian Consequentialism." 1990. http://www.bates.edu/Prebuilt/kantian.pdf
Now, according to Kant, the formula of the end-in-itself
AND
duty, we must appeal directly to the objective end of rational action.

Tournament: Glenbrooks | Round: 6 | Opponent: Harvard-Westlake EE | Judge: Rebecca Kuang

1-off

Interpretation: Affirmatives that defend supreme court action must specify the test case used.

2-off: DA

A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.

Elinson and Frosch 15 ~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~
For most of the police departments surveyed by the Journal, the costliest claims were
AND
money into that fund to pay for the lawsuits has really been challenging."

B. Impact: Municipal financial struggles are the root cause of overpolicing

Graeber 15 ~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~
The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, 
AND
collected in fines corresponds almost exactly to that shelled out to service municipal debt

This overpolicing disproportionately harms African-Americans

Natapoff 15 ~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~
These wrongful convictions are largely byproducts of "order maintenance" or "quality-
AND
, such as loitering, trespassing, disorderly conduct, or resisting arrest.

3-off: CP

Counterplan Text: The United States Federal government shall introduce CompStat technology into police departments and use it to track police misconduct.

This stops misconduct and holds people accountable

 Hennelly 15, Robert, 2015
"Poisonous cops, total immunity: Why an epidemic of police abuse is actually going unpunished"http://www.salon.com/2015/05/13/poisonous_cops_total_immunity_why_an_epidemic_of_police_abuse_is_actually_going_unpunished/
"There's just no
 "There's just no effort to track nationally the allegations of police misconduct that
AND
and obtain evidence that helps us to separate legitimate claims from frivolous suits."

Statistically this decreases crime and holds police officers accountable

Chettiar 15, Inimai M. , 2015 Chettiar is the director of the Justice Program at New York University Law School's Brennan Center. "More Police, Managed More Effectively, Really Can Reduce Crime"
Can simply adding more police officers to the streets, or changing the ways in
AND
the other factors that combined to produce the historic drop in crime rates. 

The counterplan holds police accountable with a centralized police process that ensures individual decision making play less of a role. Takes the perm because qualified immunity because that holds individual police officers accountable, which tanks the counterplan.

Willis et  al 03, James, Stephen D. Mastrofski, David Weisburd. "COMPSTAT IN PRACTICE: AN IN-DEPTH ANALYSIS OF THREE CITIES", Police Foundation, pg 21-22. https://www.policefoundation.org/publication/compstat-in-practice-an-in-depth-analysis-of-three-cities/
More importantly, in the absence of other structures, our observations showed that line
AND
I don't think of increases in street arrests, I think of accountability."

Case Answers

Plan Flaws

"Supreme Court" can also mean supreme courts of states. Not specifying "of the US" means it's unclear who you're referring to

US Legal ~US Legal, "State Supreme Courts," https://system.uslegal.com/state-supreme-courts/~~ JW
The state supreme court is the highest state court in the U.S. state court system. The state supreme courts are known by various names in the states. State supreme courts primary responsibility consists of correcting the errors of the inferior state courts. It exclusively hears appeals on legal issues from inferior state courts. Since it does not make any finding of facts, it holds no trials. In rare instances where the state supreme court finds that a trial court made any egregious error in its finding of facts, the state supreme court shall remand such case before it to the trial court for a fresh trial. State supreme courts have a panel of judges appointed as per rules outlined by each state constitution. State supreme court's interpretation of any state law is generally final and binding to both state and federal courts. Federal courts may overrule a state supreme court decision only when there is a federal question which springs up a federal jurisdiction. An appeal from any state supreme court decision concerning matters of federal jurisdiction shall directly lie to the supreme court of the U.S. State supreme courts exercise both mandatory and discretionary review of appeals from trial courts.
Vote on plan flaw:

1. Jurisdiction: you have to vote on an aff that defends the right actor that makes sense. It's like saying "turtles should limit qualified immunity," meaning you're not actually affirming

2. Not specifying means you can shift between various Supreme Courts and where you implement the plan

3. Vagueness: kills legal edu benefits and solvency

AT Shapiro Spike

1. Not all your evidence is specific to excessive force either
   2. the neg should be able to read generic evidence even if it's not specific to excessive force
   a) Strat skew: I had no way of predicting the aff until pairings and I can't recut a whole new case neg in 1 hour
   b) Ground: losing generics means that I'm denied core neg ground like DA's and CP's and I need those generics to have a chance in the round especially if the aff is spec. Also the ground is awful on excessive force: people generally think that excessive force is bad and I'm not going to impact turn it  
   Theory outweighs substance: it's a question of procedure which means an argument must be fair before you evaluate it otherwise the debate isn't a proper measure of who's the better debater 

Solvency

1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions.

De Stefan 16 ~Lindsey de Stefan, ~JD Candidate, Seton Hall University School of Law~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~
The Court specifically fears that financial liability, in the form of paying compensatory damages
AND
does not actually alter most officers' on-the-job actions.101 

2. Turn- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity, empirics prove.

Fallon 11 ~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
As another possible response to a world without official immunity, the Supreme Court might
AND
reasonable person could think a search reasonable, it is not unreasonable.56

3. Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime.

Rosen 05, Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev
This effect dovetails with a growing tendency toward "depolicing" that has become prevalent
AND
delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens.

5. Terminal defense—liability doesn't affect police conduct- empirically proven

Schwartz 14 ~Joanna C. Schwartz, ~Assistant Professor of Law, UCLA School of Law~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~
Studies have found that "the prospect of civil liability has a deterrent effect in
AND
is currently not influenced to any substantial extent by the threat of litigation. 

Tournament: Glenbrooks | Round: 7 | Opponent: WDM Valley AJ | Judge: Chetan Hertzig

1-off NC

Overview to your framework: prefer non- ideal theory—

1. Motivation: Ideal theory cannot guide action since its starting point has diverged from the descriptive model of the real world. Non-ideal theory is key for ethical motivation. MILLS: Charles W. Mills, "Ideal Theory" as Ideology, 2005

"A first possible argument might be the simple denial that moral theory should have any concern with making realistic assumptions about human beings, their capacities, and their behavior. Ethics is concerned with the ideal, so it doesn't have to worry about the actual. But even for mainstream ethics this wouldn't work, since, of course, ought is supposed to impl~ies~ can the ideal has to be achievable by humans. Nor could it seriously be cal imed that moral theory is concerned only with mapping beautiful ideals, not their actual implementation. If any ethicist actually said this, it would be an astonishing abdication of the classic goal of ethics, and its link with practical reason. The normative here would then be weirdly detached from the prescriptive: this is the good and the right—but we are not concerned with their actual realization. Even for Plato, a classic example in at least one sense of an ideal theorist, this was not the case: the Form of the Good was supposed to motivate us, and help philosophers transform society. Nor could anyone seriously say that ideal theory is a good way to approach ethics because as a matter of fact (not as a conceptual necessity following from what "model" or "ideal" means), the normative here has come ~is~ close to converging with the descriptive: ideal- as-descriptive-model has approximated to ideal-as-idealized-model. Obviously, the dreadful and dismaying course of human history has not remotely been a record of close-to-ideal behavior, but rather of behavior that has usually been quite the polar opposite of the ideal, with oppression and inequitable treatment of the majority of humanity (whether on grounds of gender, or nationality, or class, or religion, or race) being the norm. So the argument cannot be that as a matter of definitional truth, or factual irrelevance, or factual convergence, ideal theory is required. The argument has to be, as in the quote from Rawls above, that this is the best way of doing normative theory, better than all the other contenders. But why on earth should anyone think this? Why should anyone think that abstaining from theorizing about oppression and its consequences is the best way to bring about an end to oppression? Isn't this, on the face of it, just completely implausible?"

2. Descriptive Ideality: ideal theory ignores social realities, which in turn contradicts ideals. Normative ideals aren't created separately from the social norms that govern us because those influence what we can count as an ideal in the first place.  MILLS 2: Charles W. Mills, "Ideal Theory" as Ideology, 2005

 "I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, is in fact the correct one. If we start from what is presumably the uncontroversial premise that the ultimate point of ethics is to guide our actions and make ourselves better people and the world a better place, then the framework above will not only be unhelpful, but will in certain respects be deeply antithetical to the proper goal of theoretical ethics as an enterprise. In modeling humans, human capacities, human interaction, human institutions, and human society on ideal-as-idealized-models, in never exploring how deeply different this is from ideal-as-descriptive-models, we are abstracting away from realities crucial to our comprehension of the actual workings of injustice in human interactions and social institutions, and thereby guaranteeing that the ideal-as-idealized-model will never be achieved." (170)

3. Global justice requires a reduction in inequality and a focus on material rights.

Okereke 07 ~Chukwumerije Okereke (Senior Research Associate at the Tyndall Centre for Climate Change Research at the University of East Anglia). Global Justice and Neoliberal Environmental Governance. Routledge 2007~
Notwithstanding these drawbacks, these scholars provide very compelling arguments against mainstream conceptions of justice
AND
of our heavily dominant Western civilization?' (Pogge 2002: 3). 

4. No act omission distinction for states.

Sunstein and Vermule 05~Cass R. Sunstein and Adrian Vermeule. The University of Chicago Law School. "Is Capital Punishment Morally Required? The Relevance of Life‐Life Tradeoffs." JOHN M. OLIN LAW and ECONOMICS WORKING PAPER NO. 239. The Chicago Working Paper Series. March 2005~
In our view, both the argument from causation and the argument from intention go
AND
a set of policy instruments that do not adequately or fully discourage it. 

5. Only consequences are relevant because the government is a collection of individuals so it doesn't have a unified intent. Even if it does there is no way to epistemologically access it.  And, conflicting side constraints means that the state always violates rights with every action it takes. Only consequentialism solves because it assigns equal weights to all citizens rather than arbitrarily valuing certain people or procedural methods.  Prefer government specific obligations because obligations differ by agent- surgeons have an obligation to cut open people while that would be repugnant for a normal person to do.

2-off DA

A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.

Elinson and Frosch 15 ~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~
For most of the police departments surveyed by the Journal, the costliest claims were
AND
money into that fund to pay for the lawsuits has really been challenging."

B. Impact: Municipal financial struggles are the root cause of overpolicing

Graeber 15 ~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~
The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, 
AND
collected in fines corresponds almost exactly to that shelled out to service municipal debt

This overpolicing disproportionately harms African-Americans

Natapoff 15 ~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~
These wrongful convictions are largely byproducts of "order maintenance" or "quality-
AND
, such as loitering, trespassing, disorderly conduct, or resisting arrest.

Overcriminalization disproportionately criminalizes the queer body

Leavitt 12 ~Adrien Leavitt, JD- Magna Cum Laude, Seattle University 2011, BA- Smith College 2004, "Queering Jury Nullification: Using Jury Nullification as a Tool to Fight Against the Criminalization of Queer and Transgender People," Seattle Journal For Social Justice, Volume 10, Issue 2, April 2012~
Rather than being a relic of the past, the disparate policing and criminalization of
AND
and arrest people perceived as deviant, problematic, or simply unacceptable.204

Tournament: Greenhill | Round: Doubles | Opponent: Marlborough LG | Judge: Agarwala, Gandra, Phillips

1-off

interp: The affirmative must defend countries in general and must not defend that only a single country or some combination of countries prohibits the production of nuclear power.
C. 

1.  Grammar-the word "countries" in the resolution is a bare plural indicating the resolution is generic.
   Debois 16, Danny, VBI Topic Analysis Sept-Oct, p.11, 2016
   Importantly, "countries" in this resolution is a bare plural—i.e. there's no article or demonstrative in front of adolescents like "the" or "these" indicating which adolescents the resolution is talking about. Bare plurals indicate that the resolution is a generic statement, and consequently, in order to textually affirm, aff advocacies have to be why in general countries have to prohibit nuclear power, not why specific countries should prohibit it.
   2. Framers intent- If the framers wanted to discuss (X country) they would have specified that country or would have added a qualifier to the word country. This is empirically proven by past topics that specified only the US. Framers intent is key- words are only meant to communicate the meaning that the author intends.
   Grammar and framers intent are key to limits—I am more likely to prep for the true interp of how the resolution is read rather than whichever version the aff likes most. Also means the aff is not semantically in line with the way the resolution is written. And semantics outweigh pragmatic
   a) Semantics is the most non-biased way to determine abuse. Framers of the rez design it to create fair and educational debates. Pragmatic benefits can't be determined as well since we are incentivized to lie about them to win the T debate.
   b) Semantic justifications have logical priority. A pragmatic approach would say "I'll give you a million dollars if 2+2=5." Even though you want the money, the pragmatic approach only offers a reason to want the statement to be true, not an actual reason for it to be true.
   3. Limits- At a base level your interp allows 200 possible aff with every country in the world. That number is exploded because you can defend any permutation of these countries or spec things like types of reactors, putting the number of aff's well into the thousands. Even if we are extremely generous and say your counterinterp limits the number of aff's to less than 30, any number above 10 is ridiculous because we've only had this topic for a month, there is no way I could prep that many specific case negs and also prep for other aspects of the resolution and also live a normal life.
   Limits are key to fairness because they control if the negative can clash with well-prepped, quality arguments that give us both a chance at winning the round as opposed to scripted topic-independent debates. This also means limits is key to long term clash and topic education.
   D. Voter: 
2. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
   2. Fairness outweighs education
   Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.
   3. Drop the debater
   a) Recourse- Drop the arg always incentivizes abusive positions because worse case scenario you lose access to the arg but best case you win on an abusive arg. Drop the debater to incentives further checking of abuse and to deter your use of them.
   b) Drop the arg is severance on T because it shifts their advocacy to whole res in the 1ar. This is unfair because the 1nc strategy was premised on the AC plantext. If you allow them to shift it punishes me for their abuse.
   4. Competing Interps
   a) Reasonability begs the question of what's reasonable, requiring arbitrary intervention for the judge to evaluate the round. Even if you set a brighltine its arbitrary, allowing you to always set a brightline that lets you get away with abuse. Your 1AC brightline proves, ARTICULATE WHY
   b) Reasonability begs the question of their interp. If I win offense, they are unreasonable. So a. even under reasonability the debater with the most offense wins and b. it collapses to competing interps because the debater has to win their interp / counterinterp first.
   5. No RVIs
   a) RVI's prevent theory from checking abuse. I wouldn't want to initiate a theory debate against an abusive case if my opponent could win the theory debate on an RVI. This is especially bad since they knew what they were defending beforehand but I didn't ensuring a huge prep skew on theory already.
   b) Reciprocity-Theory is not a nib- you can go for link turns or impact turns- you can impact turn with fairness for who or link turn with arguments for why I violate or use the voters to generate offense on a new shell. Giving you another way out creates a 2:1 skew. 

2-off

First is framing—

The role of the ballot is to question the border assumptions of the 1AC's scholarship prior to the consequence of the plan. Questioning the violence of borders is a forgotten discussion in that needs to be revisisted.

Van Houtum 05 ~Henk Van Houtum, Nijmegen Centre for Border Research, Radboud University, The Netherlands, "The Geopolitics of Borders and Boundaries," 2005~ JW
The second reason why I think it is a shame that we are not discussing
AND
making when b/ordering ourselves and others? And at what price?

Next is the criticism:

The affirmative reifies the legitimacy of nation states by choosing to defend a specific country pursuing prohibition of nuclear weapons. The aff could have chose to defend the whole resolution with an implementation mechanism that included an international institution such as the UN, uniting the call for global action by all nation-states and deconstructing the unflinching prevalence of the nation state model. Instead, the affirmative chose to orient it's politics around the nation-state which inevitably reproduces violent boundaries and borders. This link is unavoidable and damning.

Walker 9 ~R.B.J., Walker is a professor in the department of Political Science at the University of Victoria and is the chief editor of the Journal of International Political Sociology, "After the Globe, Before the world", pg. 77 – 80~
The consequence, however, can also be read in relation to all those historical
AND
the limits of the modern political imagination will necessarily run into irresolvable difficulties. 

The affirmative cannot delink—I extended an olive branch in CX and asked if they would be willing to defend that all countries embark on the aff's project and they refused. This link is supercharged because borders are an ontological division of the inside versus the outside which fuels nationalism.

Agnew 08—Department of Geography @ UCLA (John, 2008, Ethics and Global Politics, Vol. 1, No. 4, pp. 175-191"Borders on the mind: re-framing border thinking," rmf)
A third connection with political identity is made by those who emphasize the idea of
AND
project that simply takes place at the border or simply between adjacent states. 

The affirmative fuels the creation of a mutual xenophobic otherization of those across the border- this results in cartographical violence that is justified by the perpetually fear of the other. Bornstein 2:

Bornstein 2(Avram Bornstein, professor @ John Jay college anthropology PhD and masters @ Columbia, "Borders and the Utility of Violence State Effects on the 'Superexploitation' of West Bank Palestinians" vol 22, 2002)
Heyman (1998a, 1998b, 1999) has argued that militarization of the border
AND
are more complicated than surplus extraction and that those motivations can have impoverishing consequences

Bornstein 2 is empirically proven by the rise of Donald Trump—he's literally built his platform around building a wall on the southern BORDER of the US and making AMERICA great again and WINNING against other countries and keeping out Muslims from the US. This nativist logic results in real violence, and is depending on something to be native about, i.e. that there is such a thing as a real America and that people who have arbitrarily been deemed Americans have a right to live freely, which also independently justified US foreign policy actions like the Iraq war. 2 implications:

The permutation cannot solve the link without being severance, since the very plan text and advocacy of the aff is the link to the K. Even if affirming would result in some good impacts, its underlying assumptions are intellectually bankrupt. The permutation is akin to the slave master saying they are good because they donate to charity.

The alternative is to critically engage the border and re-evaluate our norms in relation to the violence they create.

Grosfoguel 06 ~Ramon Grosfoguel, Associate Professor  of Ethnic Studies @ UC Berkeley, "World-Systems Analysis in the Context of Transmodernity, Border Thinking, and Global Coloniality," Review (Fernand Braudel Center), Vol. 29, No. 2, From Postcolonial Studies to Decolonial Studies: Decolonizing Postcolonial Studies, 2006~ JW
One of many plausible solutions to the Eurocentric versus fun- damentalist dilemma is what
AND
how to transcend the impe- rial monologue established by the Eurocentered modernity. 

Case

Accidents are rare, nuclear power is the safest

Walsh 13 – Bryan, Writes for Time ("Nuclear Energy Is Largely Safe. But Can It Be Cheap?" http://science.time.com/2013/07/08/nuclear-energy-is-largely-safe-but-can-it-be-cheap/) CR
Is it safe? That's what most people — brought up on Three Mile Island
AND
and renewables, doesn't contribute to man-made climate change.

Tournament: Greenhill | Round: 2 | Opponent: Loyola DW | Judge: Eric Melin

GBTL K

Banning nuclear power is a form of imperial paternalism

Jefferies 08 ~Sierra M. Jefferies, J.D. candidate, "ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE," Journal of Land, Resources and Environmental Law, 2008~ JW
Second, opposition to the Band's attempt to make use of its land seems to
AND
, a casino, two ski lifts, forestry resources and a sawmill m98

Internal colonialism posits the United States as the master while subjugating indigenous people

Byrd 11 ~Jodi A. Byrd, Associate Professor of English, American Indian Studies, and Gender and Women's Studies at U of Illinois at Urbana-Champaign, "Introduction: Indigenous Critical Theory and the Diminishing Returns of Civilization," University of Minnesota Press, 2011~ JW
In this chapter, I am particularly interested in how the idea of "internal
AND
make internal once and for all that which is external: native space.

Colonialism causes indigenous peoples to be structurally placed in a space of social death where agency is separate from their existence

Byrd 11 ~Jodi A. Byrd, Associate Professor of English, American Indian Studies, and Gender and Women's Studies at U of Illinois at Urbana-Champaign, "Introduction: Indigenous Critical Theory and the Diminishing Returns of Civilization," University of Minnesota Press, 2011~ JW
But what seems to me to be further disavowed, even in Lowe's important figuration
AND
they are the transit through which the dialectic of subject and object occurs. 

The alternative is to imagine a world in which the U.S. has been removed from all lands originally belonging to the natives

Churchill 96 ~Ward Churchill, professor of ethnic studies at the University of Colorado Boulder, "From a Native Son: Selected Essays in Indigenism, 1985-1995," South End Press, 1996~
The question which inevitably arises with regard to indigenous land claims, especially in the
AND
realism." Isn't it time we all went to work on attaining it?

Warming DA

U.S. carbon emissions are getting lower and are on track to meet environmental goals

McMahon 6/23 ~Jeff McMahon, contributor at Forbes, "U.S. On Track To Achieve 2030 Emissions Goals In 2016," Forbes Magazine, June 23, 2016, http://www.forbes.com/sites/jeffmcmahon/2016/06/23/u-s-on-track-to-achieve-2030-emissions-goals-in-2016/~~#fa3d9fa42c8e~~ JW
A dramatic slump in coal production has pushed U.S. carbon emissions so
AND
," Cohan said, "if the Clean Power Plan is not implemented." 

Closing nuclear plants forces increased fossil fuel use

Roston 15 ~Eric Roston, writer for Bloomberg, "Why Nuclear Power Is All but Dead in the U.S." Bloomberg News, April 15, 2015, http://www.bloomberg.com/news/articles/2015-04-15/soon-it-may-be-easier-to-build-a-nuclear-plant-in-iran-than-in-the-u-s-~~ JW
*ellipsis from original text
Say what? The U.S. achieved
AND
to figure out nuclear if that envelope is to mean anything to us."

Meeting the 2 degrees Celsius change is key to stopping climate change catastrophe

Mastroianni 15 ~Brian Mastroianni, "Why 2 degrees are so important to the climate," CBS News, November 30, 2015, http://www.cbsnews.com/news/paris-un-climate-talks-why-2-degrees-are-so-important/~~
As the United Nations conference on climate change gets underway Monday in Paris, one
AND
carbon emissions enough so that the 2-degree threshold is not crossed.

DA turns case: Native Americans are especially vulnerable to climate change

Halpert 12 ~Julie Halpert, author at Yale Climate Connections, "Native Americans and a Changing Climate," Yale Climate Connections, June 21, 2012, http://www.yaleclimateconnections.org/2012/06/native-americans-and-a-changing-climate/~~ JW
Native Americans are expected to be among the population groups most vulnerable to adverse effects
AND
2011, the organization passed a resolution opposing the proposed Keystone XL pipeline.

CP

CP Text: Indigenous communities should decide for themselves to ban nuclear power. Mutually exclusive with the aff since tribes that want nuclear power can continue to use it

Gover et al 92 ~Kevin, and Jana L. Walker (Native American Attorneys at Gover, Stetson and Williams). "Escaping Environmental Paternalism: One Tribe's Approach to Developing a Commercial Waste Disposal Project in Indian Country." University of Colorado Law Review 63 (1992): 933.
The second and more controversial issue facing tribes involves the use of reservation lands as
AND
the proposal effectively and, if it's feasible, plan for its development.

The Counterplan solves better than the plan:  consultation leads to the best policies for each clan. Thomas 95 EDWARD K. THOMAS, 1995 (PRESIDENT

CENTRAL COUNCIL OF THE TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA,  May 18, 1995, http://www.archive.org/stream/biataskforcehear00unit/biataskforcehear00unit_djvu.txt)
The opportunity for Tribes to participate in the reorganization process was greatly increased by holding the various meetings close to their Tribal headquarters. Many tribal leaders and Tribal members did attend the meetings and many testified at the times set aside on each agenda for hearing testimony. Witnesses either spoke on the business of the day or on the reorganization plan and the reorganization planning process. Their testimony helped Task Force members in their decision-making. We were better able to understand how they felt on many very important reorganization issues. Their testimony did make a difference in our final product. That is why Tribal consultation is important. Tribes, more than anyone else, know what is best for them. They know better than anyone what policies would be bad for them.
NOTE: NON_NATIVES SPECIFIC EVIDENCE (retag Yamamoto to say that certain groups are actually undercut by the AC, and friere
Your movement goes against the interests of the oppressed. Yamamoto 99
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
The framework, however, at times also undercuts environmental justice struggles by racial and indigenous communities because it tends to foster misassumptions about race, culture, sovereignty, and the importance of distributive justice. Those misassumptions sometimes lead environmental justice scholars and activists to miss what is of central importance to affected communities. The first misassumption is that for all racialized groups in all situations, a hazard-free physical environment is their main, if not only, concern.4 ' Environmental justice advocates foster this notion by placing emphasis on "high quality environments" 4' and the adverse health effects caused by exposure to air pollutants and hazardous waste materials.
Not all facility sitings that pose health risks, however, warrant full-scale opposition by host communities. Some communities, on balance, are willing to tolerate these facilities for the economic benefits they confer or in lieu of the cultural or social disruption that might accompany large-scale remedial efforts. Other communities, struggling to deal with joblessness, inadequate education, and housing discrimination, indeed with daily survival, prefer to devote most of their limited time and political capital to those challenges. In these situations, racial and indigenous communities may have pressing needs and long-range goals beyond the re-siting of polluting facilities. For example, as Native communities endeavor to ameliorate conditions of poverty and social dislocation by encouraging the economic development of tribal lands, some increasingly find themselves in conflict with environmentalists, who are sometimes but not always environmental justice advocates. In the mining industry, several Native American tribes are attempting to tap mineral resources on their reservations. ° Urged by the increased emphasis on economic selfdetermination in federal Native American policy in the 1970s, the tribes formed the Council of Energy Resource Tribes to deal with both the siting of new mines on Native American lands and the environmental and the cultural problems that might result.51 Those efforts met stiff opposition from some environmental groups concerned mainly with land degradation and pollution. The environmentalists' seeming lack of understanding of the economic and cultural complexity of the Native American groups' decisions have led some Native Americans to express cynicism about environmentalists who sometimes treat them as mascots for the environmental cause.

Case

Banning nuclear power doesn't solve environmental injustice and prevents Natives from accessing resources on their lands

Jefferies 08 ~Sierra M. Jefferies, J.D. candidate, "ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE," Journal of Land, Resources and Environmental Law, 2008~ JW
This Note considers the application of various understandings of environmental justice to the recent defeat
AND
, it has evolved to deal with rural and natural resource use disputes.

Natives can't profit off of their own land

Jefferies 08 ~Sierra M. Jefferies, J.D. candidate, "ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE," Journal of Land, Resources and Environmental Law, 2008~ JW
Originally, environmental justice developed to address the pattern of poor and minority communities bearing
AND
a private agreement "undermines its opportunity to improve its own welfare."92

N/U: Native Americans had already been exposed to a range of unhealthy environmental factors besides nuclear power

Jefferies 08 ~Sierra M. Jefferies, J.D. candidate, "ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE," Journal of Land, Resources and Environmental Law, 2008~ JW
Finally, the most glaring problem with claims that a storage facility would be environmentally
AND
an economic development bill for Skull Valley but never funded it."98

Tournament: Greenhill | Round: 4 | Opponent: Strake Jesuit AS | Judge: Megan Nubel

1-off

Global carbon emissions are way down

McKenna 15 ~Phil McKenna, Boston-based reporter for InsideClimate News, master's degree in Science W "Global CO2 Emissions Decline in 2015 After Soaring for a Decade, Study Says," Inside Climate News, December 7, 2015, https://insideclimatenews.org/news/07122015/global-carbon-emissions-rising-decades-decline-2015-study-climate-change-paris~~ JW
The volume of carbon dioxide belched into the atmosphere from human activity this year is
AND
years but I think it's unlikely in the long run," he said. 

Closing nuclear plants forces increased fossil fuel use

Roston 15 ~Eric Roston, writer for Bloomberg, "Why Nuclear Power Is All but Dead in the U.S." Bloomberg News, April 15, 2015, http://www.bloomberg.com/news/articles/2015-04-15/soon-it-may-be-easier-to-build-a-nuclear-plant-in-iran-than-in-the-u-s-~~ JW
*ellipsis from original text
Say what? The U.S. achieved
AND
to figure out nuclear if that envelope is to mean anything to us."

Nuclear power is key to preventing global warming- empirics prove.

• • Biello 13 –David Biello 13, http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/, citing James Hansen of Columbia University, How Nuclear Power Can Stop Global Warming
    In addition to reducing the risk of nuclear war, U.S. ~
    AND
    , director of the Earth Institute at Columbia University, where Hansen works. 

Meeting the 2 degrees Celsius change is key to stopping climate change catastrophe

Mastroianni 15 ~Brian Mastroianni, "Why 2 degrees are so important to the climate," CBS News, November 30, 2015, http://www.cbsnews.com/news/paris-un-climate-talks-why-2-degrees-are-so-important/~~
As the United Nations conference on climate change gets underway Monday in Paris, one
AND
carbon emissions enough so that the 2-degree threshold is not crossed.

Global runaway warming causes extinction

Carana 14 – Sam Carana is an environmental analyst whose expertise lies in environmental policy and sustainable energy.  He also is a writer and policy developer. "Near-Term Human Extinction",~  http://arctic-news.blogspot.com/2014/04/near-term-human-extinction.html) CR
Global Warming and Feedbacks Is there a mechanism that could make humanity go extinct in
AND
. The poster below, from an earlier post, illustrates the danger. 

Ethical uncertainty means we prioritize existential risks.

Bostrom 13 ~Nick Bostrom, Professor in the Faculty of Philosophy @ University of Oxford, "Existential Risk Prevention as Global Priority," Global Policy Vol. 4 Issue 1, February 2013~
These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential
AND
of value. To do this, we must prevent any existential catastrophe. 

Climate change disproportionately affects people of color and causes extinction.

Pellow 12
David Naguib Pellow 12, Ph.D. Professor, Don Martindale Endowed Chair – University of Minnesota, "Climate Disruption in the Global South and in African American Communities: Key Issues, Frameworks, and Possibilities for Climate Justice," February 2012, http://www.jointcenter.org/sites/default/files/upload/research/files/White_Paper_Climate_Disruption_final.pdf**
It is now known unequivocally that significant warming of the  atmosphere is occurring, coinciding
AND
must reduce our emissions  and consumption here at home in the global North.

policymaking is the only way to create change.

Coverstone 5 Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) "Acting on Activism: Realizing the Vision of Debate with Pro-social Impact" Paper presented at the National Communication Association Annual Conference November 17^th 2005 An important concern emerges when Mitchell describes reflexive fiat as a contest strategy capable of "eschewing the power to directly control external actors" (1998b, p. 20). Describing debates about what our government should do as attempts to control outside actors is debilitating and disempowering. Control of the US government is exactly what an active, participatory citizenry is supposed to be all about. After all, if democracy means anything, it means that citizens not only have the right, they also bear the obligation to discuss and debate what the government should be doing. Absent that discussion and debate, much of the motivation for personal political activism is also lost. Those who have co-opted Mitchell's argument for individual advocacy often quickly respond that nothing we do in a debate round can actually change government policy, and unfortunately, an entire generation of debaters has now swallowed this assertion as an article of faith. The best most will muster is, "Of course not, but you don't either!" The assertion that nothing we do in debate has any impact on government policy is one that carries the potential to undermine Mitchell's entire project. If there is nothing we can do in a debate round to change government policy, then we are left with precious little in the way of pro-social options for addressing problems we face. At best, we can pursue some Pilot-like hand washing that can purify us as individuals through quixotic activism but offer little to society as a whole. It is very important to note that Mitchell (1998b) tries carefully to limit and bound his notion of reflexive fiat by maintaining that because it "views fiat as a concrete course of action, it is bounded by the limits of pragmatism" (p. 20). Pursued properly, the debates that Mitchell would like to see are those in which the relative efficacy of concrete political strategies for pro-social change is debated. In a few noteworthy examples, this approach has been employed successfully, and I must say that I have thoroughly enjoyed judging and coaching those debates. The students in my program have learned to stretch their understanding of their role in the political process because of the experience. Therefore, those who say I am opposed to Mitchell's goals here should take care at such a blanket assertion. However, contest debate teaches students to combine personal experience with the language of political power. Powerful personal narratives unconnected to political power are regularly co-opted by those who do learn the language of power. One need look no further than the annual state of the Union Address where personal story after personal story is used to support the political agenda of those in power. The so-called role-playing that public policy contest debates encourage promotes active learning of the vocabulary and levers of power in America. Imagining the ability to use our own arguments to influence government action is one of the great virtues of academic debate. Gerald Graff (2003) analyzed the decline of argumentation in academic discourse and found a source of student antipathy to public argument in an interesting place. I'm up against…their aversion to the role of public spokesperson that formal writing presupposes. It's as if such students can't imagine any rewards for being a public actor or even imagining themselves in such a role. This lack of interest in the public sphere may in turn reflect a loss of confidence in the possibility that the arguments we make in public will have an effect on the world. Today's students' lack of faith in the power of persuasion reflects the waning of the ideal of civic participation that led educators for centuries to place rhetorical and argumentative training at the center of the school and college curriculum. (Graff, 2003, p. 57) The power to imagine public advocacy that actually makes a difference is one of the great virtues of the traditional notion of fiat that critics deride as mere simulation. Simulation of success in the public realm is far more empowering to students than completely abandoning all notions of personal power in the face of governmental hegemony by teaching students that "nothing they can do in a contest debate can ever make any difference in public policy." Contest debating is well suited to rewarding public activism if it stops accepting as an article of faith that personal agency is somehow undermined by the so-called role playing in debate. Debate is role-playing whether we imagine government action or imagine individual action. Imagining myself starting a socialist revolution in America is no less of a fantasy than imagining myself making a difference on Capitol Hill. Furthermore, both fantasies influenced my personal and political development virtually ensuring a life of active, pro-social, political participation. Neither fantasy reduced the likelihood that I would spend my life trying to make the difference I imagined. One fantasy actually does make a greater difference: the one that speaks the language of political power. The other fantasy disables action by making one a laughingstock to those who wield the language of power. Fantasy motivates and role-playing trains through visualization. Until we can imagine it, we cannot really do it. Role-playing without question teaches students to be comfortable with the language of power, and that language paves the way for genuine and effective political activism. Debates over the relative efficacy of political strategies for pro-social change must confront governmental power at some point. There is a fallacy in arguing that movements represent a better political strategy than voting and person-to-person advocacy. Sure, a full-scale movement would be better than the limited voice I have as a participating citizen going from door to door in a campaign, but so would full-scale government action. Unfortunately, the gap between my individual decision to pursue movement politics and the emergence of a full-scale movement is at least as great as the gap between my vote and democratic change. They both represent utopian fiat. Invocation of Mitchell to support utopian movement fiat is simply not supported by his work, and too often, such invocation discourages the concrete actions he argues for in favor of the personal rejectionism that under girds the political cynicism that is a fundamental cause of voter and participatory abstention in America today.

2-off

The 1AC misdiagnoses the problem- you simplify racism to a question of bodily characteristics and overall goals, which ignores the social context of oppression.

 Yamamoto 2
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
Finally, the established framework tends to assume that all racial and indigenous groups,
AND
courts and environmental justice scholars make this simplifying assumption about race and culture.

Trying to articulate your solvency advocate as a reason that you meet the wishes of the oppressed is another link- this allows the 1AC to paper over other individuals and enforce a hierarchy that privileges the dominant voices.

McDonald and Coleman 99
Peter McDonald and Mikki Coleman, Deconstructing hierarchies of oppression and adopting a 'multiple model' approach to anti-oppressive practice. Social Work Education serial online. March 1999;18(1):19.
"By definition, the privileged group within a hierarchy tends to have the maximum access to necessary commodities, as well as political power and social status. Those at the lower levels of the pyramid must either conform to the rules and desires of those at the highest point, in exchange for a given share of the society's resources; or else those at the lower levels must engage in a constant struggle with those at the very base of the pyramid for whatever resources are left in society after the privileged group have taken the majority share. In fact, it is in the interests of those at the top of the hierarchy to allow (or actively to encourage) a certain amount of social conflict between those at the lower levels, and those at the base. While the mass of people below can be encouraged to fight amongst themselves, rather than uniting for a common cause, the privileged group can more easily maintain their position at the top of the hierarchy, as Freire asserted under a heading specifically entitled 'Divide and Rule': This is another fundamental dimension of the theory of oppressive action which is as old as oppression itself. As the oppressor minority subordinates and dominates the majority, it must divide it and keep it divided in order to remain in power. The minority cannot permit itself the luxury of tolerating the unification of the people, which would undoubtedly signify a serious threat to their own hegemony. Accordingly, the oppressors halt by any means (including violence) any action which in even incipient fashion could awaken the oppressed to the need for unity. Concepts such as unity, organization and struggle arc immediately labelled as dangerous. In fact, of course, these concepts are dangerous—to the oppressors—for their realization is necessary to actions of liberation. It is in the interest of the oppressor to weaken the oppressed still further, to isolate them, to create and deepen rifts among them. This is done by varied means, from the repressive methods of the government bureaucracy, to the forms of cultural action with which they manipulate the people by giving them the impression that they arc being helped. (Freire, 1996, p. 122)"

This ignores the actual voices of the oppressed- applying blanket statements to all just re-affirms dominant power structures.

Yamamoto 99
Yamamoto, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
The framework, however, at times also undercuts environmental justice struggles by racial and
AND
cynicism about environmentalists who sometimes treat them as mascots for the environmental cause.

This means your movement just harms traditional groups, such as indigenous people- turns case and no solvency

Yamamoto 01, Eric (Professor of Law, University of Hawai'i Law School; Visiting Professor of Law, Boalt Hall School of Law, University of California at Berkeley, 1999.)., and Jen-L. W. Lyman. "Racializing environmental justice." U. Colo. L. Rev. 72 (2001): 311.
James Huffman also criticizes the traditional environmental justice framework, but from the perspective of
AND
society, will suffer at the altar of environmentalism worshipped in their name."

Thus, the alternative: communities should individually decide for themselves whether they want to prohibit the production of nuclear power in their area. Mutually exclusive: they decide for themselves, so they don't actually necessarily ban. The perm is severance.

Alt solves best- you cannot make rulings over the needs of the oppressed without reifying their oppression. Friere 68 _{PEDAGOGY OF THE OPPRESSED Paulo Freire. 1968.}

It is essential for the oppressed to realize that when they accept the struggle for humanization they also accept, from that moment, their total responsibility for the struggle. They must realize that they are fighting not merely for freedom from hunger, but for freedom to create and to construct, to wonder and to ven­ ture. Such freedom requires that the individual be active and responsible, not a slave or a well-fed cog in the machine. . . . It is not enough that men are not slaves; if social conditions further the existence of automatons, the result will not be love of life, but love of death. The oppressed, who have been shaped by the death-affirming cli­ mate of oppression, must find through their struggle the way to life- affirming humanization, which does not lie simply in having more to eat (although it does involve having more to eat and cannot fail to include this aspect). The oppressed have been destroyed precisely because their situation has reduced them to things. In order to regain their humanity they must cease to be things and fight as men and women. This is a radical requirement. They cannot enter the struggle as objects in order later to become human beings. The struggle begins with men's recognition that they have been destroyed. Propaganda, management, manipulation—all arms of domination—cannot be the instruments of their rehumanization. The only effective instrument is a humanizing pedagogy in which the revolutionary leadership establishes a permanent relationship of dialogue with the oppressed. In a humanizing pedagogy the method ceases to be an instrument by which the teachers (in this instance, the revolutionary leadership) can manipulate the students (in this instance, the oppressed), because it expresses the consciousness of the students themselves. The method is, in fact, the external form of consciousness manifest in acts, which takes on the fundamental property of consciousness—its intentionality. The essence of consciousness is being with the world, and this behavior is permanent and unavoidable. Accordingly, consciousness is in essence a way to­ wards something apart from itself, outside itself, which surrounds it and which it apprehends by means of its ideational capacity. Consciousness is thus by definition a method, in the most general sense of the word. A revolutionary leadership must accordingly practice co-inten- tional education. Teachers and students (leadership and people), co- intent on reality, are both Subjects, not only in the task of unveiling that reality, and thereby coming to know it critically, but in the task of re-creating that knowledge. As they attain this knowledge of real­ ity through common reflection and action, they discover themselves as it£ permanent re-creators. In this way, the presence of the op­ pressed in the struggle for their liberation will be what it should be: not pseudo-participation, but committed involvement. 

Case

Tournament: Greenhill | Round: 6 | Opponent: Cypress Woods LC | Judge: Michael OKrent

1-off

Interp: The affirmative must defend a prohibition on all types of nuclear power. They may not defend a prohibition on only (X) reactors.
They do 

1. Ground- defending a ban on only certain reactors denies the neg key DA ground. Key generics like the warming DA are solved because you still allow nuclear reactors, just not the bad versions. That is awful ground because I am forced defending bad nuclear reactors while the aff gets to defend a shift to good reactors. The aff can cherry pick which reactor they choose so they will always defend the best reactor screwing over the neg. Ground is key to fairness since equal acess to args controls equal acess to the ballot.
   2. Limits
   Your interp moots neg prep. It changes the debate from nuke power good/bad to which types of reactors are good/bad. Thus almost all of my prep is not applicable to this aff, making it nearly impossible to win.
   There are way too many types of different nuclear reactors. You can spec any reactor or permutation of reactors. Given that you can also spec which country you want or which implementation to use, that explodes the amount of aff's I have to be prepping for. I will always be behind on the prep issue because I have to split my time between all the different aff's whereas you can just frontline your aff.
   Wikipedia incidcates there are way too many reactors for me to research:
   ~Wikipedia, "Nuclear reactor," Accessed Sept. 18, https://en.wikipedia.org/wiki/Nuclear_reactor~~#Reactor_types~~ JW
   Classifications~edit~ Nuclear Reactors are classified by several methods; a brief outline of these classification methods is provided. Classification by type of nuclear reaction~edit~ Nuclear fission~edit~ All commercial power reactors are based on nuclear fission. They generally use uranium and its product plutonium as nuclear fuel, though a thorium fuel cycle is also possible. Fission reactors can be divided roughly into two classes, depending on the energy of the neutrons that sustain the fission chain reaction: Thermal reactors (the most common type of nuclear reactor) use slowed or thermal neutrons to keep up the fission of their fuel. Almost all current reactors are of this type. These contain neutron moderator materials that slow neutrons until their neutron temperature is thermalized, that is, until their kinetic energy approaches the average kinetic energy of the surrounding particles. Thermal neutrons have a far higher cross-section (probability) of fissioning the fissile nuclei uranium-235, plutonium-239, and plutonium-241, and a relatively lower probability of neutron capture by uranium-238 (U-238) compared to the faster neutrons that originally result from fission, allowing use of low-enriched uranium or even natural uranium fuel. The moderator is often also the coolant, usually water under high pressure to increase the boiling point. These are surrounded by a reactor vessel, instrumentation to monitor and control the reactor, radiation shielding, and a containment building. Fast neutron reactors use fast neutrons to cause fission in their fuel. They do not have a neutron moderator, and use less-moderating coolants. Maintaining a chain reaction requires the fuel to be more highly enriched in fissile material (about 20 or more) due to the relatively lower probability of fission versus capture by U-238. Fast reactors have the potential to produce less transuranic waste because all actinides are fissionable with fast neutrons,~19~ but they are more difficult to build and more expensive to operate. Overall, fast reactors are less common than thermal reactors in most applications. Some early power stations were fast reactors, as are some Russian naval propulsion units. Construction of prototypes is continuing (see fast breeder or generation IV reactors). Nuclear fusion~edit~ Fusion power is an experimental technology, generally with hydrogen as fuel. While not suitable for power production, Farnsworth-Hirsch fusors are used to produce neutron radiation. Classification by moderator material~edit~ Used by thermal reactors: Graphite-moderated reactors Water moderated reactors Heavy-water reactors (Used in Canada, India, Argentina, China, Pakistan, Romania and South Korea).~20~) Light-water-moderated reactors (LWRs). Light-water reactors (the most common type of thermal reactor) use ordinary water to moderate and cool the reactors. When at operating temperature, if the temperature of the water increases, its density drops, and fewer neutrons passing through it are slowed enough to trigger further reactions. That negative feedback stabilizes the reaction rate. Graphite and heavy-water reactors tend to be more thoroughly thermalized than light water reactors. Due to the extra thermalization, these types can use natural uranium/unenriched fuel. Light-element-moderated reactors. Molten salt reactors (MSRs) are moderated by light elements such as lithium or beryllium, which are constituents of the coolant/fuel matrix salts LiF and BeF2. Liquid metal cooled reactors, such as those whose coolant is a mixture of lead and bismuth, may use BeO as a moderator. Organically moderated reactors (OMR) use biphenyl and terphenyl as moderator and coolant. Water cooled reactor. There are 104 operating reactors in the United States. Of these, 69 are pressurized water reactors (PWR), and 35 are boiling water reactors (BWR).~21~ Pressurized water reactor (PWR) Pressurized water reactors constitute the large majority of all Western nuclear power plants. A primary characteristic of PWRs is a pressurizer, a specialized pressure vessel. Most commercial PWRs and naval reactors use pressurizers. During normal operation, a pressurizer is partially filled with water, and a steam bubble is maintained above it by heating the water with submerged heaters. During normal operation, the pressurizer is connected to the primary reactor pressure vessel (RPV) and the pressurizer "bubble" provides an expansion space for changes in water volume in the reactor. This arrangement also provides a means of pressure control for the reactor by increasing or decreasing the steam pressure in the pressurizer using the pressurizer heaters. Pressurised heavy water reactors are a subset of pressurized water reactors, sharing the use of a pressurized, isolated heat transport loop, but using heavy water as coolant and moderator for the greater neutron economies it offers. Boiling water reactor (BWR) BWRs are characterized by boiling water around the fuel rods in the lower portion of a primary reactor pressure vessel. A boiling water reactor uses 235U, enriched as uranium dioxide, as its fuel. The fuel is assembled into rods housed in a steel vessel that is submerged in water. The nuclear fission causes the water to boil, generating steam. This steam flows through pipes into turbines. The turbines are driven by the steam, and this process generates electricity.~22~ During normal operation, pressure is controlled by the amount of steam flowing from the reactor pressure vessel to the turbine. Pool-type reactor Liquid metal cooled reactor. Since water is a moderator, it cannot be used as a coolant in a fast reactor. Liquid metal coolants have included sodium, NaK, lead, lead-bismuth eutectic, and in early reactors, mercury. Sodium-cooled fast reactor Lead-cooled fast reactor Gas cooled reactors are cooled by a circulating inert gas, often helium in high-temperature designs, while carbon dioxide has been used in past British and French nuclear power plants. Nitrogen has also been used.~citation needed~ Utilization of the heat varies, depending on the reactor. Some reactors run hot enough that the gas can directly power a gas turbine. Older designs usually run the gas through a heat exchanger to make steam for a steam turbine. Molten salt reactors (MSRs) are cooled by circulating a molten salt, typically a eutectic mixture of fluoride salts, such as FLiBe. In a typical MSR, the coolant is also used as a matrix in which the fissile material is dissolved. Classification by generation~edit~ Generation I reactor (early prototypes, research reactors, non-commercial power producing reactors) Generation II reactor (most current nuclear power plants 1965–1996) Generation III reactor (evolutionary improvements of existing designs 1996-now) Generation IV reactor (technologies still under development unknown start date, possibly 2030) In 2003, the French Commissariat à l'Énergie Atomique (CEA) was the first to refer to "Gen II" types in Nucleonics Week.~23~ The first mentioning of "Gen III" was in 2000, in conjunction with the launch of the Generation IV International Forum (GIF) plans. "Gen IV" was named in 2000, by the United States Department of Energy (DOE) for developing new plant types.~24~ Classification by phase of fuel~edit~ Solid fueled Fluid fueled Aqueous homogeneous reactor Molten salt reactor Gas fueled (theoretical) Classification by use~edit~ Electricity Nuclear power plants including small modular reactors Propulsion, see nuclear propulsion Nuclear marine propulsion Various proposed forms of rocket propulsion Other uses of heat Desalination Heat for domestic and industrial heating Hydrogen production for use in a hydrogen economy Production reactors for transmutation of elements Breeder reactors are capable of producing more fissile material than they consume during the fission chain reaction (by converting fertile U-238 to Pu-239, or Th-232 to U-233). Thus, a uranium breeder reactor, once running, can be re-fueled with natural or even depleted uranium, and a thorium breeder reactor can be re-fueled with thorium; however, an initial stock of fissile material is required.~25~ Creating various radioactive isotopes, such as americium for use in smoke detectors, and cobalt-60, molybdenum-99 and others, used for imaging and medical treatment. Production of materials for nuclear weapons such as weapons-grade plutonium Providing a source of neutron radiation (for example with the pulsed Godiva device) and positron radiation~clarification needed~ (e.g. neutron activation analysis and potassium-argon dating~clarification needed~) Research reactor: Typically reactors used for research and training, materials testing, or the production of radioisotopes for medicine and industry. These are much smaller than power reactors or those propelling ships, and many are on university campuses. There are about 280 such reactors operating, in 56 countries. Some operate with high-enriched uranium fuel, and international efforts are underway to substitute low-enriched fuel.~26~
   3. Topical version of the aff solves. You can just read generic nuclear power and have specific advantages about specific reactors.
   D. 1. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
   2. Fairness outweighs education
   Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.
   3. Drop the debater
   a) Recourse- Drop the arg always incentivizes abusive positions because worse case scenario you lose access to the arg but best case you win on an abusive arg. Drop the debater to incentives further checking of abuse and to deter your use of them.
   b) Drop the arg is severance on T because it shifts their advocacy to whole res in the 1ar. This is unfair because the 1nc strategy was premised on the AC plantext. If you allow them to shift it punishes me for their abuse.
   4. Competing Interps
   a) Reasonability begs the question of what's reasonable, requiring arbitrary intervention for the judge to evaluate the round. Even if you set a brighltine its arbitrary, allowing you to always set a brightline that lets you get away with abuse. Your 1AC brightline proves, ARTICULATE WHY
   b) Reasonability begs the question of their interp. If I win offense, they are unreasonable. So a. even under reasonability the debater with the most offense wins and b. it collapses to competing interps because the debater has to win their interp / counterinterp first.
   5. No RVIs
   a) RVI's prevent theory from checking abuse. I wouldn't want to initiate a theory debate against an abusive case if my opponent could win the theory debate on an RVI. This is especially bad since they knew what they were defending beforehand but I didn't ensuring a huge prep skew on theory already.
   b) Reciprocity-Theory is not a nib- you can go for link turns or impact turns- you can impact turn with fairness for who or link turn with arguments for why I violate or use the voters to generate offense on a new shell. Giving you another way out creates a 2:1 skew.
   6. T outweighs 1AR theory:
   a) Non topical affs force me to be abusive because I am debating off my prep and need to compensate for 1AC advantages, means T outweighs because it occurred first and framed any other theory violations;
   b) T is the most severe impact because it gives the aff a monopoly on prep;
   c) T outweighs because it's the only codified rule – theory interps are just made up by debaters but the only thing that we have going into the round is the topic. 

2-off

The 1AC is addicted to the bomb—evoking images of atomic destruction legitimizes the use of nuclear weapons on a broader scale and condones any "lesser" form of violence

Lamarre 08
(Thomas Lamarre, 08, "Born of Trauma: Akira and Capitalist Modes of Destruction," positions, vol. 16 no. 1)
Images of atomic destruction and nuclear apocalypse abound in popular culture, familiar mushroom clouds
AND
is as much and maybe more of a danger today than ever before. 

This fixation on national interests and apocalyptic scenarios justifies endless violence, totalitarianism, and nuclear war

Shapiro 10, Iraq vs. U.S.: Total War Meets Pure War, http://www.alan-shapiro.com/iraq-vs-u-s-total-war-meets-pure-war/
Since at least the beginning of the Reagan years, the U.S.
AND
politics sometimes means not leaving everything up to the politicians and their institutions.

Specifically their truth claims are a self-fulfilling prophecy

Davis 06 – assistant prof. of English at Gordon College
(Doug, Future-War Storytelling: National Security and Popular Film, ReThinking Global Security, ed by Andrew Martin and Patrice Petro, pg 16, 2006)
Strategic Fiction and the History of the Future
Fictions of nuclear terrorism have become
AND
represent are a license to act, to arm, and to war. 

Security is self-defeating – security creates fear and insecurity – justifies endless conflict

Lifton, 03 – Prof. of Psychiatry @ Harvard U Med. School
(Robert Jay, Superpower Syndrome: America's Apocalyptic Confrontation with the World, Pg. 112-116)
That kind of apocalyptic impulse in war-making has hardly proved conducive to a
AND
be said to partner with and act in concert of the Islamic apocalyptic.

Security imposes a calculative logic that perpetuates structural violence and destroys Value-To-Life.

Dillon 96 (Michael, Professor of Politics – University of Lancaster, Politics of Security, p. 26)
Everything, for example, has now become possible. But what human being seems
AND
for example, through strategic discourse- even if the details have changed.

The alternative is to reject the aff's securitization to solve violent security imaginations

Neocleous 08 ~Mark Neocleous, Professor of the Critique of Political Economy @ Brunel University, London, "Critique of Security," Edinburgh University Press, 2008~ JW
Anyone well versed in history or with experience of university life will know about the
AND
state; it requires us to be brave enough to return the gift.

The role of the ballot is to critically examine the 1AC's securitization politics and discourse.

Case

Tournament: Loyola | Round: Octas | Opponent: Lynbrook CW | Judge: Phillips, Tambe, Lallas

1-off

A. Interpretation: The affirmative must defend countries in general and must not defend that only a single country or combination of any countries prohibits production of nuclear power.
B. Violation: They defend only Belgium. Confirmed in CX.  
C. Standards

1.  Textuality- this aff is definitely not textual. The new norm in LD where everyone acts like 1 man policy debaters makes no sense since LD resolutions aren't written with plan focus in mind. 3 independent warrants, I can extend any of these in the 2NR to access this standard:
   A. Bare plurals-The word "countries" in the resolution are a generic bare plural. This evidence is about government's but the same logic applies to countries:
   Nebel 14, Jake, AB in philosophy at Princeton and the BPhil at Oxford, NYU,20 14, http://vbriefly.com/2014/12/19/jake-nebel-on-specifying-just-governments/
   I believe that debaters shouldn't specify a government on the living wage topic. The standard argument for this is simple: "just governments" is a plural noun phrase, so it refers to more than one just government. Most debaters will stop there. But there is much more to say. (Some seem not to care about the plural construction. I plan to address this view in a later article about the parametric conception of topicality.) Some noun phrases include articles like "the," demonstratives like "these," possessives like "my," or quantifiers like "some" or "all." These words are called determiners. Bare plurals, including "just governments," lack determiners. There's no article, demonstrative, possessive, or quantifier in front of the noun to tell you how many or which governments are being discussed. We use bare plurals for two main purposes. Consider some examples: Debaters are here. Debaters are smart. In (1), "debaters" seems equivalent to "some debaters." It is true just in case there is more than one debater around. If I enter a restaurant and utter (1), I speak truly if there are a couple of debaters at a table. This is an existential use of the bare plural, because it just says that there exist things of the relevant class (debaters) that meet the relevant description (being here). In (2), though, "debaters" seems to refer to debaters in general. This use of the bare plural is generic. Some say that generics refer to kinds of things, rather than particular members of their kinds, or that they refer to typical cases. There is a large literature on understanding generics. Here my aim is not to figure out the truth conditions for the generic reading of the resolution; I shall simply work with our pre-theoretical grip on the contrast between sentences like (1) and (2). This distinction bears importantly on the resolution. If "just governments" is a generic bare plural, then the debate is about whether just governments in general ought to require that employers pay a living wage. If it is an existential bare plural, then the debate is about whether some just governments—i.e., more than one—ought to require that employers pay a living wage. Only the second interpretation allows one to affirm by specifying a few governments.
   B. Google defines "countries" as the plural version of country 
   plural noun: countries

This means for the aff to be topical, even if countries don't refer to a bare plural, the aff has to defend 2 countries banning nuclear power.

C. Framers intent- If the framers wanted to discuss Belgium they would have specified that country or would have added a qualifier to the word country. Framers intent is key- words are only meant to communicate the meaning that the author intends.
There are 4 impacts to textuality:
Little a is predictability- I am
AND
you can talk about that in-dpeth education for the entire round.

2-off

The terrorist discourse creates binary identities of "us" vs. "the other".

Talbot 08 (Steven, Defence Science and Technology Organisation, Sociological Research Online 13(1)17 'Us' and 'Them': Terrorism, Conflict and (O)ther Discursive Formations, http://www.socresonline.org.uk/13/1/17.html)
Sociology of the enemy examines the social process of constructing enemies, and within the
AND
'Rest' has the effect of silencing dissenting voices residing within both camps.

Terrorist rhetoric generates more violence and creates a self-fulfilling prophecy – 4 warrants, turns case.

Kapitan and Schulte 2 (Tomis and Erich, Thomas – Prof of Philosophy @ N Illinois U, and Erich – , Journal of Political and Military Sociology Vol. 30 Issue 1, 2002, pp. 172+, Questia) JPG
The 'terrorist' rhetoric typified in Netanyahu's book actually increases terrorism in four distinct ways.
AND
violence against civilians.19 Let us now examine evidence for these points. 

The alternative is to reject the discourse and not construct them as the "OTHER." Break down the binaries and reject the urgent call to action.

Enns 04 (Diane, Philosophy Department at the University of Toronto, John Hopkins University Press, Bare Life and the Occupied Body http://muse.jhu.edu/journals/theory_and_event/v007/7.3enns.html)
Foucault persists in being optimistic. The claim that "at the very heart of
AND
unnecessary, it is worse to say that it is the only option.

Role of the judge key—must examine the discourse of the 1AC

Edwards 10 (Brian, American Literary History, http://alh.oxfordjournals.org/cgi/content/full/22/2/360, date accessed: 7/7/2010) AJK
In addressing the popular fascination with Private Jessica Lynch, taken captive by Iraqi forces
AND
handing of the crisis in New Orleans in the wake of Hurricane Katrina).

And discourse is particularly relevant to deconstructing power relations. Bleiker writes

  Discourse and Human Agency Roland Bleiker1 School of Political Science, University of Queensland, Brisbane, QID 4072, Australia. E-mail: bleiker@mailbox.ug.edu.an Contemporary Political Theory, 2003, 2, (25–47) r 2003 Palgrave Macmillan Ltd 1470-8914/03 $15.00
 'It is within discourse,' one of Foucault's much rehearsed passages (
AND
saturated with reason that their emergence out of unreason thereby becomes improbable.'

Case

Tournament: Loyola | Round: Quarters | Opponent: La Canada AZ | Judge: Steele, Tan, Bistagne

1-off

A. Interpretation: The affirmative must defend countries in general and must not defend that only a single country or combination of any countries prohibits production of nuclear power.
B. Violation: They defend only Egypt. Confirmed in CX.  
C. Standards

1.  Textuality- this aff is definitely not textual. The new norm in LD where everyone acts like 1 man policy debaters makes no sense since LD resolutions aren't written with plan focus in mind. 3 independent warrants, I can extend any of these in the 2NR to access this standard:
   A. Bare plurals-The word "countries" in the resolution are a generic bare plural. This evidence is about government's but the same logic applies to countries:
   Nebel 14, Jake, AB in philosophy at Princeton and the BPhil at Oxford, NYU,20 14, http://vbriefly.com/2014/12/19/jake-nebel-on-specifying-just-governments/
   I believe that debaters shouldn't specify a government on the living wage topic. The standard argument for this is simple: "just governments" is a plural noun phrase, so it refers to more than one just government. Most debaters will stop there. But there is much more to say. (Some seem not to care about the plural construction. I plan to address this view in a later article about the parametric conception of topicality.) Some noun phrases include articles like "the," demonstratives like "these," possessives like "my," or quantifiers like "some" or "all." These words are called determiners. Bare plurals, including "just governments," lack determiners. There's no article, demonstrative, possessive, or quantifier in front of the noun to tell you how many or which governments are being discussed. We use bare plurals for two main purposes. Consider some examples: Debaters are here. Debaters are smart. In (1), "debaters" seems equivalent to "some debaters." It is true just in case there is more than one debater around. If I enter a restaurant and utter (1), I speak truly if there are a couple of debaters at a table. This is an existential use of the bare plural, because it just says that there exist things of the relevant class (debaters) that meet the relevant description (being here). In (2), though, "debaters" seems to refer to debaters in general. This use of the bare plural is generic. Some say that generics refer to kinds of things, rather than particular members of their kinds, or that they refer to typical cases. There is a large literature on understanding generics. Here my aim is not to figure out the truth conditions for the generic reading of the resolution; I shall simply work with our pre-theoretical grip on the contrast between sentences like (1) and (2). This distinction bears importantly on the resolution. If "just governments" is a generic bare plural, then the debate is about whether just governments in general ought to require that employers pay a living wage. If it is an existential bare plural, then the debate is about whether some just governments—i.e., more than one—ought to require that employers pay a living wage. Only the second interpretation allows one to affirm by specifying a few governments.
   B. Google defines "countries" as the plural version of country 
   plural noun: countries

This means for the aff to be topical, even if countries don't refer to a bare plural, the aff has to defend 2 countries banning nuclear power.

C. Framers intent- If the framers wanted to discuss Belgium they would have specified that country or would have added a qualifier to the word country. Framers intent is key- words are only meant to communicate the meaning that the author intends.
There are 4 impacts to textuality:
Little a is predictability- I am
AND
shell. Giving you another way out creates a 2:1 skew. 

2-off

CP Text: Egypt will ban the production of nuclear power with the exception of energy produced by thorium reactors.

Thorium reactors are the most promising form of energy production in the future

Schaffer 13 ~Marvin Baker Schaffer, researcher for RAND corporation with expertise in Accelerator Physics, Medical Physics, Nuclear Physics, "Abundant thorium as an alternative nuclear fuel: Important waste disposal and weapon proliferation advantages," Energy Policy Vol 60, September 13, 2013~ JW
The principal arguments for thorium rather than uranium as fuel for nuclear reactors are the
AND
amplifier approach warrants support provided affordable energetic proton accelerators are developed and demonstrated.

Mutually exclusive with the aff: the aff bans all nuclear energy production which would include thorium reactors

Thorium reactors are extremely resilient to proliferation. Solves prolif and terror

Schaffer 13 ~Marvin Baker Schaffer, researcher for RAND corporation with expertise in Accelerator Physics, Medical Physics, Nuclear Physics, "Abundant thorium as an alternative nuclear fuel: Important waste disposal and weapon proliferation advantages," Energy Policy Vol 60, September 13, 2013~ JW
Uranium-233 as transmuted in the thorium fuel cycle is typically contaminated with uranium
AND
uranium-233 can be denatured and made non-critical through dilution.

Thorium reactors are also way safer than traditional nuclear plants

Jacoby 15 ~Mitch Jacoby, senior correspondent at Civil and Engineering News, "Trying to Unleash the Power of Uranium," Civil and Engineering News, July 6, 2015, http://cen.acs.org/articles/93/i27/Trying-Unleash-Power-Thorium.html~~ JW
Finally, thorium comes with safety benefits, its proponents claim. So-called
AND
prevent the spread of radioactive material without the need for plant operator intervention.

Banning all nuclear power kills 55 thousand people per country, scientific expected value analysis proves

Brook et al 15, Barry and Staffan Qvist, Department of Physics and Astronomy, Uppsala University, Sweden Faculty of Science, Engineering and Technology, University of Tasmania, Australia, Environmental and health impacts of a policy to phase out nuclear power in Sweden, 2015, http://www.sciencedirect.com/science/article/pii/S0301421515001731Nuclear power faces an uncertain future in Sweden. Major political parties, including the Green party of the coalition-government have recently strongly advocated for a policy to decommission the Swedish nuclear ~power~ fleet prematurely. Here we examine the environmental, health and (to a lesser extent) economic impacts of implementing such a plan. The process has already been started through the early shutdown of the Barsebäck plant. We estimate that the political decision to shut down Barsebäck has resulted in $2400 avoidable energy-production-related deaths and an increase in global CO2 emissions of 95 mil- lion tonnes to date (October 2014). The Swedish reactor fleet as a whole has reached just past its halfway point of production, and has a remaining potential production of up to 2100 TWh. The reactors have the potential of preventing 1.9–2.1 gigatonnes of future CO2-emissions if allowed to operate their full life- spans. The potential for future prevention of energy-related-deaths is 50,000–60,000. We estimate an 800 billion SEK ( ~and~ 120 billion USD) lower-bound estimate for the lost tax revenue from an early phase-out policy. In sum, the evidence shows that implementing a 'nuclear-free' policy for Sweden (or countries in a similar situation) would constitute a highly retrograde step for climate, health and economic protec- tion. 

AC

Middle Eastern Relations

2. Banning nuclear power doesn't solve: the Russia-Egypt deal has already given Russia more influence even if they're forced to withdraw.

3. Turn: having Egypt do something that's against what they want antagonizes the relations between U.S. and Egypt

4. Turn: banning nuclear power just means that Russia will export other forms of energy production to Egypt. Double-Bind either

a) Russia wants to expand influence so it will continue to displace the U.S.

b) Russia is not interested in expanding Middle Eastern influence and will thus practically not displace the U.S.

5. Advantage is non-unique: Russia already has Egypt's preference because of Obama's hesitance to endorse Putin

Borshchevskaya 15 ~Anna Borshchevskaya , "Russia-Egypt Nuclear Power Plant Deal: Why Ignoring Egypt's Needs Is Bad For The U.S." Forbes, February 13, 2015, http://www.forbes.com/sites/annaborshchevskaya/2015/02/13/russia-egypt-nuclear-power-plant-deal-why-ignoring-egypts-needs-is-bad-for-the-u-s/~~#3beeb00b2f1b~~ JW
Putin had travelled to Cairo this week upon Sisi's invitation. Russian-Egyptian relations
AND
radical Islamists in Russia. Putin certainly won't criticize Sisi on his democratic backslide

Tournament: Loyola | Round: 1 | Opponent: Lynbrook VV | Judge: Michael Fried

1-off – Solvency Advocate theory

A. Interpretation: All plans must have solvency advocates - an author that advocates the entirety of the aff plan.

B. Violation: they don't have a solvency advocate

C. Standards:

1. Limits: This topic contains a ton of different plans with different authors. Each has different forms of specification and enforcement. Without a solvency advocate, I can't know how the plan works. Limits are key to fairness since:
   a) Defined limits are key to making clash on substance that you can't shift
   AND
   education because generic arguments lead to non-productive and non-unique discussions 

D. Voters:

Fairness is key to deciding the better debater, since it can't be done if one has an unfair advantage. Education is key since it's the end goal and why school's fund debate.

Drop the debater since the round's already skewed and scratching args off the flow harms us equally but not in proportion to your violation.

And use competing interps since I don't know what you think is reasonable and I'd always have a risk of offense.

And No RVI's since 1. We have a reciprocal burden to be fair in every round, don't vote them up for being fair if I was being fair too, and 2. Deters illegit args, else they'd get good at theoretically defending their position and winning back on the RVI.

2-off – IFNEC CP

Text: Belgium should join the International Framework for Nuclear Energy Cooperation.

It creates networks for nuclear power without having to establish domestic facilities, educates countries on the safe and proper use of nuclear power—solves prolif and warming.

WNA 15 ~World Nuclear Association; Information on nuclear energy and the nuclear fuel cycle; August 2015; "International Framework for Nuclear Energy Cooperation"; http://www.world-nuclear.org/information-library/current-and-future-generation/international-framework-for-nuclear-energy-coopera.aspx**; JLB (8/8/2016)~
The International Framework for Nuclear Energy Cooperation (IFNEC), formerly the Global Nuclear Energy
AND
. Forum (GIF) and the Multinational Design Evaluation Programme (MDEP).

Eliminates extra plutonium—solves terror and war.

WNA 15 ~World Nuclear Association; Information on nuclear energy and the nuclear fuel cycle; August 2015; "International Framework for Nuclear Energy Cooperation"; http://www.world-nuclear.org/information-library/current-and-future-generation/international-framework-for-nuclear-energy-coopera.aspx**; JLB (8/8/2016)~
An early priority was seen to be the development of new reprocessing technologies to enable
AND
fabrication techniques that do not result in the accumulation of separated pure plutonium.

3-off – Warming DA

UQ – Carbon Emissions Low

Global carbon emissions are way down

McKenna 15 ~Phil McKenna, Boston-based reporter for InsideClimate News, master's degree in Science W "Global CO2 Emissions Decline in 2015 After Soaring for a Decade, Study Says," Inside Climate News, December 7, 2015, https://insideclimatenews.org/news/07122015/global-carbon-emissions-rising-decades-decline-2015-study-climate-change-paris~~ JW
The volume of carbon dioxide belched into the atmosphere from human activity this year is
AND
years but I think it's unlikely in the long run," he said. 

Nuclear power is key to preventing global warming- empirics prove.

• • Biello 13 –David Biello 13, http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/, citing James Hansen of Columbia University, How Nuclear Power Can Stop Global Warming
    In addition to reducing the risk of nuclear war, U.S. ~
    AND
    , director of the Earth Institute at Columbia University, where Hansen works. 

Squo solves. Nuke energy is orders of magnitude better for emissions

Pedraza 12
Jorge Morales Pedraza, consultant on international affairs, ambassador to the IAEA for 26 yrs, degree in math and economy sciences, former professor, Energy Science, Engineering and Technology : Nuclear Power: Current and Future Role in the World Electricity Generation : Current and Future Role in the World Electricity Generation, New York.
Nuclear energy produces very few emissions of CO 2 to the atmosphere. If the
AND
of the fossil fuel power plants currently in operation all over the world.

IMPX – 2 Degrees Celsius

Meeting the 2 degrees Celsius change is key to stopping climate change catastrophe

Mastroianni 15 ~Brian Mastroianni, "Why 2 degrees are so important to the climate," CBS News, November 30, 2015, http://www.cbsnews.com/news/paris-un-climate-talks-why-2-degrees-are-so-important/~~
As the United Nations conference on climate change gets underway Monday in Paris, one
AND
carbon emissions enough so that the 2-degree threshold is not crossed.

IMPX – Extinction

High probability risk of extinction from climate change

Meyer 4/29 ~Robinson Meyer, associate editor at The Atlantic, where he covers technology, "Human Extinction Isn't That Unlikely," The Atlantic, April 29, 2016, http://www.theatlantic.com/technology/archive/2016/04/a-human-extinction-isnt-that-unlikely/480444/~~ JW
Nuclear war. Climate change. Pandemics that kill tens of millions. These are
AND
climate scientists agree that the same phenomenon would follow any major nuclear exchange.)

Global runaway warming causes extinction

Carana 14 – Sam Carana is an environmental analyst whose expertise lies in environmental policy and sustainable energy.  He also is a writer and policy developer. "Near-Term Human Extinction",~  http://arctic-news.blogspot.com/2014/04/near-term-human-extinction.html) CR
Global Warming and Feedbacks Is there a mechanism that could make humanity go extinct in
AND
. The poster below, from an earlier post, illustrates the danger. 

Case

Accidents are rare, nuclear power is the safest

Walsh 13 – Bryan, Writes for Time ("Nuclear Energy Is Largely Safe. But Can It Be Cheap?" http://science.time.com/2013/07/08/nuclear-energy-is-largely-safe-but-can-it-be-cheap/) CR
Is it safe? That's what most people — brought up on Three Mile Island
AND
save hydro and renewables, doesn't contribute to man-made climate change.

Alternatives are worse

Waldman 15 - Susanne, PhD in Risk Communication at Carleton University ("Why we Need Nuclear Power to Save the Environment" http://energyforhumanity.org/climate-energy/need-nuclear-power-save-environment/) CR
What about safety? The accident at Fukushima after the Japanese tsunami in 2011 has
AND
-free power for keeping our world safe from biodiversity and climate impacts.

Tournament: Loyola | Round: 4 | Opponent: San Marino BK | Judge: David Dosch

1-off

Global carbon emissions are way down

McKenna 15 ~Phil McKenna, Boston-based reporter for InsideClimate News, master's degree in Science W "Global CO2 Emissions Decline in 2015 After Soaring for a Decade, Study Says," Inside Climate News, December 7, 2015, https://insideclimatenews.org/news/07122015/global-carbon-emissions-rising-decades-decline-2015-study-climate-change-paris~~ JW
The volume of carbon dioxide belched into the atmosphere from human activity this year is
AND
years but I think it's unlikely in the long run," he said. 

Closing nuclear plants forces increased fossil fuel use

Roston 15 ~Eric Roston, writer for Bloomberg, "Why Nuclear Power Is All but Dead in the U.S." Bloomberg News, April 15, 2015, http://www.bloomberg.com/news/articles/2015-04-15/soon-it-may-be-easier-to-build-a-nuclear-plant-in-iran-than-in-the-u-s-~~ JW
*ellipsis from original text
Say what? The U.S. achieved
AND
to figure out nuclear if that envelope is to mean anything to us."

Nuclear power is key to preventing global warming- empirics prove.

• • Biello 13 –David Biello 13, http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/, citing James Hansen of Columbia University, How Nuclear Power Can Stop Global Warming
    In addition to reducing the risk of nuclear war, U.S. ~
    AND
    , director of the Earth Institute at Columbia University, where Hansen works. 

Meeting the 2 degrees Celsius change is key to stopping climate change catastrophe

Mastroianni 15 ~Brian Mastroianni, "Why 2 degrees are so important to the climate," CBS News, November 30, 2015, http://www.cbsnews.com/news/paris-un-climate-talks-why-2-degrees-are-so-important/~~
As the United Nations conference on climate change gets underway Monday in Paris, one
AND
carbon emissions enough so that the 2-degree threshold is not crossed.

Global runaway warming causes extinction

Carana 14 – Sam Carana is an environmental analyst whose expertise lies in environmental policy and sustainable energy.  He also is a writer and policy developer. "Near-Term Human Extinction",~  http://arctic-news.blogspot.com/2014/04/near-term-human-extinction.html) CR
Global Warming and Feedbacks Is there a mechanism that could make humanity go extinct in
AND
. The poster below, from an earlier post, illustrates the danger. 

Ethical uncertainty means we prioritize existential risks.

Bostrom 13 ~Nick Bostrom, Professor in the Faculty of Philosophy @ University of Oxford, "Existential Risk Prevention as Global Priority," Global Policy Vol. 4 Issue 1, February 2013~
These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential
AND
of value. To do this, we must prevent any existential catastrophe. 

2-off

Nuclear power is the only way to generate sufficient energy for large-scale desalination

IAEA 15 ~— widely known as the world's "Atoms for Peace" organization within the United Nations family. Set up in 1957 as the world's centre for cooperation in the nuclear field, the Agency works with its Member States and multiple partners worldwide to promote the safe, secure and peaceful use of nuclear technologies, "New Technologies for Seawater Desalination Using Nuclear Energy," IEAE TecDoc Series, 2015~
 It is anticipated that by 2025, 33 of the world population,
AND
for coupling nuclear reactors and desalination systems for specific sites in the Mediterranean region

Water crises cause escalating global conflict.

Rasmussen 11 ~(Erik, CEO, Monday Morning; Founder, Green Growth Leaders) "Prepare for the Next Conflict: Water Wars" HuffPo 4/12~ 
For years experts have set out warnings of how the earth will be affected by
AND
and "business as usual" prevails, then water wars will accelerate.

That goes nuclear

Zahoor 12 (Musharaf, Researcher at Department of Nuclear Politics – National Defense University, Water Crisis can Trigger Nuclear War in South Asia, http://www.siasat.pk)
Water is an ambient source, which unlike human beings does not respect boundaries.
AND
being faced by Pakistan, which can only be resolved through political will.

3-off

CP Text: Indigenous communities should decide for themselves to ban nuclear power. Mutually exclusive with the aff since tribes that want nuclear power can continue to use it

Gover et al 92 ~Kevin, and Jana L. Walker (Native American Attorneys at Gover, Stetson and Williams). "Escaping Environmental Paternalism: One Tribe's Approach to Developing a Commercial Waste Disposal Project in Indian Country." University of Colorado Law Review 63 (1992): 933.
The second and more controversial issue facing tribes involves the use of reservation lands as
AND
individual examples or authors is a reason why the CP solves the aff. 

Banning nuclear power is a form of imperial paternalism

Jefferies 08 ~Sierra M. Jefferies, J.D. candidate, "ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE," Journal of Land, Resources and Environmental Law, 2008~ JW
Second, opposition to the Band's attempt to make use of its land seems to
AND
, a casino, two ski lifts, forestry resources and a sawmill m98

4-off

1NC – Generic

CP Text: All countries except developing countries should ban the production of nuclear power

Nuclear energy, not renewables, is the best source of energy for developing countries. Solves intermittency problem and provides energy security.

Chowdhury 12 ~Navid Chowdhury, "Nuclear Energy For Developing Countries," Submitted as coursework for PH241, Stanford University, Winter 2012, http://large.stanford.edu/courses/2012/ph241/chowdhury1/~~ JW
Introduction Access to energy is regarded as the basic requirement for economic growth. And
AND
dependence on fossil fuel would remove Bangladesh from such obligations set by IMF. 

Case

Tournament: Loyola | Round: 6 | Opponent: Peninsula IG | Judge: Joseph Barquin

1-off – Warming DA

UQ – Carbon Emissions Low

Global carbon emissions are way down

McKenna 15 ~Phil McKenna, Boston-based reporter for InsideClimate News, master's degree in Science W "Global CO2 Emissions Decline in 2015 After Soaring for a Decade, Study Says," Inside Climate News, December 7, 2015, https://insideclimatenews.org/news/07122015/global-carbon-emissions-rising-decades-decline-2015-study-climate-change-paris~~ JW
The volume of carbon dioxide belched into the atmosphere from human activity this year is
AND
years but I think it's unlikely in the long run," he said. 

Link – Carbon Shift

Closing nuclear plants forces increased fossil fuel use

Roston 15 ~Eric Roston, writer for Bloomberg, "Why Nuclear Power Is All but Dead in the U.S." Bloomberg News, April 15, 2015, http://www.bloomberg.com/news/articles/2015-04-15/soon-it-may-be-easier-to-build-a-nuclear-plant-in-iran-than-in-the-u-s-~~ JW
*ellipsis from original text
Say what? The U.S. achieved
AND
to figure out nuclear if that envelope is to mean anything to us."

Nuclear power is key to preventing global warming- empirics prove.

• • Biello 13 –David Biello 13, http://www.scientificamerican.com/article/how-nuclear-power-can-stop-global-warming/, citing James Hansen of Columbia University, How Nuclear Power Can Stop Global Warming
    In addition to reducing the risk of nuclear war, U.S. ~
    AND
    , director of the Earth Institute at Columbia University, where Hansen works. 

IMPX – 2 Degrees Celsius

Meeting the 2 degrees Celsius change is key to stopping climate change catastrophe

Mastroianni 15 ~Brian Mastroianni, "Why 2 degrees are so important to the climate," CBS News, November 30, 2015, http://www.cbsnews.com/news/paris-un-climate-talks-why-2-degrees-are-so-important/~~
As the United Nations conference on climate change gets underway Monday in Paris, one
AND
carbon emissions enough so that the 2-degree threshold is not crossed.

IMPX – Extinction

High probability risk of extinction from climate change

Meyer 4/29 ~Robinson Meyer, associate editor at The Atlantic, where he covers technology, "Human Extinction Isn't That Unlikely," The Atlantic, April 29, 2016, http://www.theatlantic.com/technology/archive/2016/04/a-human-extinction-isnt-that-unlikely/480444/~~ JW
Nuclear war. Climate change. Pandemics that kill tens of millions. These are
AND
climate scientists agree that the same phenomenon would follow any major nuclear exchange.)

Ethical uncertainty means we prioritize existential risks.

Bostrom 13 ~Nick Bostrom, Professor in the Faculty of Philosophy @ University of Oxford, "Existential Risk Prevention as Global Priority," Global Policy Vol. 4 Issue 1, February 2013~
These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential
AND
of value. To do this, we must prevent any existential catastrophe. 

2-off – Oil Wars DA

UQ

Nuclear energy makes a significant portion of the world energy supply

NEI 16 ~Nuclear Energy Institute, "Nuclear Energy Around the World," 2016,  http://www.nei.org/Knowledge-Center/Nuclear-Statistics/World-Statistics~~
As of May 2016, 30 countries worldwide are operating 444 nuclear reactors for electricity
AND
nuclear energy to supply at least one-quarter of their total electricity.

Link

Japan proves that nuclear power reductions leads to more oil demand

Patrick 15 ~Hugh Patrick, Columbia Business School, "Japan's post-Fukushima energy challenge," East Asia Forum, November 23, 2015, http://www.eastasiaforum.org/2015/11/23/japans-post-fukushima-energy-challenge/~~ JW
Fossil fuels are the predominant energy sources for Japan. Japan has to import essentially
AND
cent before all of Japan's nuclear plants were closed following the Fukushima disaster).

IMPX – Oil Wars

This causes Western powers to become more aggressive in the protection of oil interests to keep prices stable and keep the flow of oil steady.

Jones 12 ~Toby Craig Jones, associate professor of Middle East history at Rutgers University, New Brunswick, "America, Oil, and War in the Middle East," Journal of American History (2012) 99 (1): 208-218~
Middle Eastern oil has enchanted global powers and global capital since the early twentieth century
AND
.3 Oil and war have become increasingly interconnected in the Middle East.

This causes oil wars and imperialist oppression by western nations.

Jones 12 ~Toby Craig Jones, associate professor of Middle East history at Rutgers University, New Brunswick, "America, Oil, and War in the Middle East," Journal of American History (2012) 99 (1): 208-218~
Indeed, that relationship has become a seemingly permanent one. This outcome was not
AND
American regimes in power were central to U.S. strategic policy.

3-off – Thorium PIC

CP Text: All relevant aff actors will ban the production of nuclear power with the exception of energy produced by thorium reactors.

Thorium reactors are the most promising form of energy production in the future

Schaffer 13 ~Marvin Baker Schaffer, researcher for RAND corporation with expertise in Accelerator Physics, Medical Physics, Nuclear Physics, "Abundant thorium as an alternative nuclear fuel: Important waste disposal and weapon proliferation advantages," Energy Policy Vol 60, September 13, 2013~ JW
The principal arguments for thorium rather than uranium as fuel for nuclear reactors are the
AND
amplifier approach warrants support provided affordable energetic proton accelerators are developed and demonstrated.

Mutually exclusive with the aff: the aff bans all nuclear energy production which would include thorium reactors

Thorium reactors are extremely resilient to proliferation. Solves prolif

Schaffer 13 ~Marvin Baker Schaffer, researcher for RAND corporation with expertise in Accelerator Physics, Medical Physics, Nuclear Physics, "Abundant thorium as an alternative nuclear fuel: Important waste disposal and weapon proliferation advantages," Energy Policy Vol 60, September 13, 2013~ JW
Uranium-233 as transmuted in the thorium fuel cycle is typically contaminated with uranium
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uranium-233 can be denatured and made non-critical through dilution.

Thorium reactors are also way safer than traditional nuclear plants

Jacoby 15 ~Mitch Jacoby, senior correspondent at Civil and Engineering News, "Trying to Unleash the Power of Uranium," Civil and Engineering News, July 6, 2015, http://cen.acs.org/articles/93/i27/Trying-Unleash-Power-Thorium.html~~ JW
Finally, thorium comes with safety benefits, its proponents claim. So-called
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prevent the spread of radioactive material without the need for plant operator intervention.

Case

Meltdowns

Accidents are rare, nuclear power is the safest

Walsh 13 – Bryan, Writes for Time ("Nuclear Energy Is Largely Safe. But Can It Be Cheap?" http://science.time.com/2013/07/08/nuclear-energy-is-largely-safe-but-can-it-be-cheap/) CR
Is it safe? That's what most people — brought up on Three Mile Island
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save hydro and renewables, doesn't contribute to man-made climate change.

Alternatives are worse

Waldman 15 - Susanne, PhD in Risk Communication at Carleton University ("Why we Need Nuclear Power to Save the Environment" http://energyforhumanity.org/climate-energy/need-nuclear-power-save-environment/) CR
What about safety? The accident at Fukushima after the Japanese tsunami in 2011 has
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-free power for keeping our world safe from biodiversity and climate impacts.

Tournament: Voices | Round: Octas | Opponent: Mountain View DZ | Judge: Wheeler, Fife, Walton

1-off

Interpretation: If the affirmative chooses to specify an actor that bans the production of nuclear power, they must specify a minimum of two countries with a carded solvency advocate that specifies all the countries involved in the aff plan text. 

Dictionary.com defines that countries is a, Dictionary.com, Countries, http://www.dictionary.com/browse/countries====
noun, plural countries.
Violation: Aff defends one country. 

Standards:
Grammar- "countries" is a plural noun, which
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shell. Giving you another way out creates a 2:1 skew. 

2-off

First is framing—

The role of the ballot is to question the border assumptions of the 1AC's scholarship prior to the consequence of the plan. Questioning the violence of borders is a forgotten discussion in that needs to be revisisted.

Van Houtum 05 ~Henk Van Houtum, Nijmegen Centre for Border Research, Radboud University, The Netherlands, "The Geopolitics of Borders and Boundaries," 2005~ JW
The second reason why I think it is a shame that we are not discussing
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making when b/ordering ourselves and others? And at what price?

Next is the criticism:

The affirmative reifies the legitimacy of nation states by choosing to defend a specific country pursuing prohibition of nuclear weapons. The affirmative chose to orient it's politics around the nation-state which inevitably reproduces violent boundaries and borders. This link is unavoidable and damning.

Walker 9 ~R.B.J., Walker is a professor in the department of Political Science at the University of Victoria and is the chief editor of the Journal of International Political Sociology, "After the Globe, Before the world", pg. 77 – 80~
The consequence, however, can also be read in relation to all those historical
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the limits of the modern political imagination will necessarily run into irresolvable difficulties. 

The affirmative cannot delink. This link is supercharged because borders are an ontological division of the inside versus the outside which fuels nationalism.

Agnew 08—Department of Geography @ UCLA (John, 2008, Ethics and Global Politics, Vol. 1, No. 4, pp. 175-191"Borders on the mind: re-framing border thinking," rmf)
A third connection with political identity is made by those who emphasize the idea of
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project that simply takes place at the border or simply between adjacent states. 

The affirmative fuels the creation of a mutual xenophobic otherization of those across the border- this results in cartographical violence that is justified by the perpetually fear of the other. Bornstein 2:

Bornstein 2(Avram Bornstein, professor @ John Jay college anthropology PhD and masters @ Columbia, "Borders and the Utility of Violence State Effects on the 'Superexploitation' of West Bank Palestinians" vol 22, 2002)
Heyman (1998a, 1998b, 1999) has argued that militarization of the border
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are more complicated than surplus extraction and that those motivations can have impoverishing consequences

The permutation cannot solve the link without being severance, since the very plan text and advocacy of the aff is the link to the K. Even if affirming would result in some good impacts, its underlying assumptions are intellectually bankrupt. The permutation is akin to the slave master saying they are good because they donate to charity.

The K turns case—best case scenario the aff results in a ruse of solvency where they cause some small net decrease in militarism but do nothing to address the underlying root cause of modernized violence, i.e. the nation-state's constant race for global supremacy. Energy policy is just one instantiation of this race—you can substitute nuclear energy for renewables but you'll still end up with  the same violence

3. The K link turns the militarism aff. The bifurcation of borders is what drives militaristic ideologies to begin with. The only reason we believe we need to be militarily ready is because we conceptualize those across the border as our enemies.

The alternative is to critically engage the border and re-evaluate our norms in relation to the violence they create.

Grosfoguel 06 ~Ramon Grosfoguel, Associate Professor  of Ethnic Studies @ UC Berkeley, "World-Systems Analysis in the Context of Transmodernity, Border Thinking, and Global Coloniality," Review (Fernand Braudel Center), Vol. 29, No. 2, From Postcolonial Studies to Decolonial Studies: Decolonizing Postcolonial Studies, 2006~ JW
One of many plausible solutions to the Eurocentric versus fun- damentalist dilemma is what
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how to transcend the impe- rial monologue established by the Eurocentered modernity. 

Case

1. No reverse causality:
   2. Huge amounts of alt cause
   3. Turn: nuclear power is a peaceful extension of our development of the atom

Tournament: Voices | Round: 1 | Opponent: San Marino ED | Judge: Jack Coyle

1-off

1NC

ROB/Framing

The Role of the Judge is to be a critical educator focusing on the liberation of the oppressed

Giroux 06 ~Henry Giroux, American scholar and cultural critic, "America on the Edge: Henry Giro ux on Politics, Culture, and Education," Springer, March 31, 2006~ JW
Educators at all levels need to challenge the assumption that politics is dead, or
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that severely limit the creative, ethical, and liberatory potential of education.

The Role of the Ballot is to endorse the best methodology to liberate oppressed groups

Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression

^{Curry 14 ~Tommy J. Curry, Professor of Philosophy @ Texas AandM, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century," 2014~
Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
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economic structures which necessitate tangible policies and reorienting changes in our value orientations.} 

Link – Developing Countries

Nuclear energy, not renewables, is the best source of energy for developing countries. Solves intermittency problem and provides energy security and sovereignty.

Chowdhury 12 ~Navid Chowdhury, "Nuclear Energy For Developing Countries," Submitted as coursework for PH241, Stanford University, Winter 2012, http://large.stanford.edu/courses/2012/ph241/chowdhury1/~~ JW
Introduction Access to energy is regarded as the basic requirement for economic growth. And
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dependence on fossil fuel would remove Bangladesh from such obligations set by IMF. 

Big energy companies explicitly target developing countries in their marketing and expansions. Expanding use of fossil fuels will have devastating consequences for these countries

Klare 14 ~Michael Klare, professor of peace and world security studies at Hampshire College, "Big Oil Won't Let the Developing World Kick the Habit," Mother Jones, May 27, 2014, http://www.motherjones.com/environment/2014/05/big-energy-developing-country-oil-exxon-coal~~ JW
The fossil fuel companies—producers of oil, coal, and natural gas—
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rise... This demand increase is expected to be concentrated in developing countries."

Link – Emission Goals

Nuclear power is key for developing countries to meet emissions goals

NEI 2K ~National Energy Institute, "Nuclear Energy Key for Developing Nations To Meet Carbon Reduction Goals," November 17, 2000, http://www.nei.org/News-Media/Media-Room/News-Releases/Nuclear-Energy-Key-for-Developing-Nations-To-Meet~~ JW
Developing countries will have difficulty reaching international emission reduction targets to combat the threat of
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targets, one of which is to include the use of nuclear energy.

Impact – Imperialism

To deny these countries the ability to pursue energy to meet growing demands and meet climate change goals is to affirm the self-serving logic that permits affluent lives in the developed world and destitute lives in the developing one

Saran 15 ~Shyam Saran, former foreign secretary of India, "Paris climate talks: Developed countries must do more than reduce emissions," The Guardian, November 23, 2015, https://www.theguardian.com/environment/2015/nov/23/paris-climate-talks-developed-countries-must-do-more-than-reduce-emissions~~ JW
If developed countries do not make significant and absolute reductions in their emissions there will
AND
promoting renewable power and limiting waste within the limits of their own resources. 

Imperialism is the root cause of global capitalist exploitation – imperialism makes exploitation by global elites inevitable.

Lotta '13 Raymond Lotta - revolutionary intellectual who takes as his foundation Bob Avakian's new synthesis on revolution and communism. He has written extensively on China during and after the Cultural Revolution. "On the "Driving Force of Anarchy" and the Dynamics of Change
A Sharp Debate and Urgent Polemic: The Struggle for a Radically Different World and the Struggle for a Scientific Approach to Reality." Revolution Newspaper. November 4, 2013. http://revcom.us/a/322/on-the-driving-force-of-anarchy-and-the-dynamics-of-change-en.html
The understanding of the primacy of the "driving force of anarchy" was further
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human society into classes, and to create a world community of humanity.

Alt – Policy

The alternative is to allow free will in pursuing nuclear energy and implementing an international nuclear fuel bank. New reactor designs solve cost and the fuel bank solves prolif concerns.

Pontin 7 ~Mark Williams Pontin, "Nuclear Energy for the Developing World," MIT Technology Review, February 27, 2007, https://www.technologyreview.com/s/407373/nuclear-energy-for-the-developing-world/~~ JW
In fact, gen-III reactors like the ESBWR do seem to possess the
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reprocessing capabilities. I'm particularly concerned about centrifuge enrichment as a proliferation challenge."

2-off

Nuclear power is resolving emissions now- models show it prevents almost half of the CO2 necessary to stop runaway warming.

Kharecha and Hansen 13, Pushker A. Kharecha* and James E. Hansen NASA Goddard Institute for Space Studies and Columbia University Earth Institute, "Prevented Mortality and Greenhouse Gas Emissions from Historical and Projected Nuclear Power," American Chemical Society, Environmental Science and Technology, 2013
We calculate that world nuclear power generation prevented an average of 64 gigatonnes of CO2
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efficiency improvements and renewables, in the near-term global energy supply.

Climate change disproportionately affects people of color and causes extinction.

Pellow 12
David Naguib Pellow 12, Ph.D. Professor, Don Martindale Endowed Chair – University of Minnesota, "Climate Disruption in the Global South and in African American Communities: Key Issues, Frameworks, and Possibilities for Climate Justice," February 2012, http://www.jointcenter.org/sites/default/files/upload/research/files/White_Paper_Climate_Disruption_final.pdf**
It is now known unequivocally that significant warming of the  atmosphere is occurring, coinciding
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must reduce our emissions  and consumption here at home in the global North.

3-off

CP Text: All relevant aff actors should dismantle their nuclear weapon arsenals

UNESCO 01 ~United Nations Education, Scientific, and Cultural Organization, "Making the World Safe," 2001, http://www.unesco.org/education/tlsf/mods/theme_a/interact/www.worldgame.org/wwwproject/what17.shtml~~ JW
Preferred State: Nuclear weapon free world for 100 of humanity Problem State:
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this report need to be implemented for peace to have a sustainable chance.

Solves the entirety of the aff: we resolve the root cause of militarism by getting rid of all nuclear weapons. Also our strength of link to the culture of militarism is stronger since we establish a moral order that unequivocally condemns the tools of militarism.

Case

Impact Turns

T/ Allowing democratic nations to have access to nuclear weapons is key to checking back other rogue states that are already in the process of becoming nuclear powers

Carpenter 04 ~Ted Galen Carpenter, senior fellow for defense and foreign policy studies at the Cato Institute, "Not All Forms of Nuclear Proliferation Are Equally Bad," CATO Institute, November 21, 2004, http://www.cato.org/publications/commentary/not-all-forms-nuclear-proliferation-are-equally-bad~~ JW
That attitude misconstrues the probl  em. A threat to the peace may exist if
AND
delay, not prevent, such states from joining the nuclear weapons club.

Tournament: Voices | Round: 4 | Opponent: Mission San Jose JP | Judge: Kris Kaya

1-off

Nuclear power is resolving emissions now- models show it prevents almost half of the CO2 necessary to stop runaway warming.

Kharecha and Hansen 13, Pushker A. Kharecha* and James E. Hansen NASA Goddard Institute for Space Studies and Columbia University Earth Institute, "Prevented Mortality and Greenhouse Gas Emissions from Historical and Projected Nuclear Power," American Chemical Society, Environmental Science and Technology, 2013
We calculate that world nuclear power generation prevented an average of 64 gigatonnes of CO2
AND
efficiency improvements and renewables, in the near-term global energy supply.

That solves 1.84 million air pollution deaths

Kharecha and Hansen 13, Pushker A. Kharecha* and James E. Hansen NASA Goddard Institute for Space Studies and Columbia University Earth Institute, "Prevented Mortality and Greenhouse Gas Emissions from Historical and Projected Nuclear Power," American Chemical Society, Environmental Science and Technology, 2013
In the aftermath of the March 2011 accident at Japan's Fukushima Daiichi nuclear power plant
AND
climate problem and would cause far more deaths than expansion of nuclear power.

Closing nuclear plants forces increased fossil fuel use

Roston 15 ~Eric Roston, writer for Bloomberg, "Why Nuclear Power Is All but Dead in the U.S." Bloomberg News, April 15, 2015, http://www.bloomberg.com/news/articles/2015-04-15/soon-it-may-be-easier-to-build-a-nuclear-plant-in-iran-than-in-the-u-s-~~ JW
*ellipsis from original text
Say what? The U.S. achieved
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to figure out nuclear if that envelope is to mean anything to us."