Tournament: Alta | Round: 4 | Opponent: Loyola LAr | Judge: Herby Kojima

Framework

The practices that make critical thinking possible are under assault by militarization – neo-Nazis and a politics of disposability smother critical thought and marginalized the oppressed. Thus, the role of the ballot it to vote for the debater who best combats the militarized state. Giroux 15

Henry Giroux ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature~, "The curse of totalitarianism and the challenge of critical pedagogy"~ http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy/
The forces of free-market fundamentalism are on the march ushering in a terrifying
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critical pedagogy illuminates the relationships among knowledge, authority and power.~11~

Harms

Qualified immunity doctrine in excessive force cases is a mess – two warrants.

1~ The clearly established clause is constantly used in excessive forces cases this creates cyclical police violence – the law never becomes clearly established allowing police to do whatever they want. Carbado 16

Devon Carbado ~Harry Pregerson Professor of Law, University of California, Los Angeles Law School, 2016, "Blue on Black Violence: A Provisional Model of Some Causes" Georgetown Law Journal, http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf
a. Qualified Immunity: Perhaps a more fundamental barrier to holding police officers accountable
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, courts will likely grant qualified immunity in cases involving such arrests.204  

That allows police get off in every instance – clearly established is super vague. Carbado 16

Devon Carbado ~Harry Pregerson Professor of Law, University of California, Los Angeles Law School, 2016, "Blue on Black Violence: A Provisional Model of Some Causes" Georgetown Law Journal, http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf
A second problem with the "clearly established" doctrine pertains to how courts apply
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a significant doctrinal hurdle to holding police officers accountable for acts of violence.

2~ Double reasonableness is provided in excessive force cases – this makes compensation impossible. Pittman 12.

Nathan R. Pittman, UNINTENTIONAL LEVELS OF FORCE IN § 1983 EXCESSIVE FORCE CLAIMS William and Mary Law Review William and Mary Law Review May, 2012 William and Mary Law Review 53 Wm. and Mary L. Rev. 2107
The Court's decision to employ an "objective reasonableness" standard in qualified immunity and
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, with the standard of reasonableness becoming less stringent the second time around. 

This allows the police to claim ignorance of the law creating more police violence. Pittman 12

Nathan R. Pittman, UNINTENTIONAL LEVELS OF FORCE IN § 1983 EXCESSIVE FORCE CLAIMS William and Mary Law Review William and Mary Law Review May, 2012 William and Mary Law Review 53 Wm. and Mary L. Rev. 2107
Qualified immunity has distorted other values in the legal system and provided perverse incentives to
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Mandery admits that such packaging has been explicitly rejected by the Court.146 

Qualified immunity in excessive force cases is used for police militarization. AELE 7

~Non Profit Police Training Center and Law Journal~, July 2007, "Civil Liability for SWAT operations"~ AELE, http://www.aele.org/law/2007LRJUL/2007-07MLJ101.pdf
A S.W.A.T. team or unit gets called into
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, the defendant officers were entitled to qualified immunity on all those claims.

This culminates into a police state – qi silences protests against police and justifies killings. Carter 15

Tom Carter ~WSWS Legal Correspondent, a lawyer~, 11-12-2015, "US Supreme Court expands immunity for killer cops," World Socialist Website, https://www.wsws.org/en/articles/2015/11/12/pers-n12.html
With the death toll from police brutality continuing to mount, the US Supreme Court
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and dictatorship in response to the growth of working class opposition. Tom Carter

Solvency

Thus the plan: The Supreme Court will eliminate the reasonableness and clearly established clauses from qualified immunity doctrine.

The plan is key to cleaning up the semantic jumble of qualified immunity – it functionally eliminates it. That allows increased lawsuits and department reform which change police's behavior. Hassel 9

Diana ~JD Rutgers~, "Excessive Reasonableness", The Trustees of Indiana University Indiana Law Review 2009 Indiana Law Review 43 Ind. L. Rev. 117
The current regime poses at least three questions in resolving qualified immunity in an excessive
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start by simplifying and making more coherent the rules applicable to such claims. 

Meta review of literature proves – police are scared of lawsuits – they'll change their behavior. Ferdik 13

Frank V. Ferdik ~Department of Criminology and Criminal Justice University of South Carolina~, August 2013, "Perception is Reality: A Qualitative Approach to Understanding Police Officer Views on Civil Liability" International Police Executive Symposium, Geneva Centre For the Democratic Control of Armed Forces, Coginta – For Police Reforms and Community Safety, http://www.coginta.org/uploads/documents/817bd907a32ad935c3d563655f76658580c75497.pdf
Though there is ample research concerning the prevalence, cost and impact of this policy
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reported that fear of being sued did not register with them when stopping citizens

Lawsuits mean either departmental reform occurs, or victims are paid – empirics. Feuer 16

Alan Feuer ~been a staff writer at The New York Times since 1999. He has written about prisons, the Mafia, baseball, steakhouse waiters, pigeon racers, firefighters, bartenders, and single mothers.~, 8-16-2016, "In Police Misconduct Lawsuits, Potent Incentives Point to a Payout," New York Times, http://www.nytimes.com/2016/08/17/nyregion/police-misconduct-lawsuit-settlements.html?_r=1andregister=google)
Scott Rynecki, who handled the lawsuit involving the death of Akai Gurley, with
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incentives to take a settled payout and not relive it all at trial.

Tournament: Damus | Round: 2 | Opponent: Loyola RBe | Judge: Charles Wanless

Qualified immunity is just one part of the broader police state – we must get to the root of the problem – the aff is a resistance strategy in the face of overwhelming militarism. Whitehead 9-11

John W. Whitehead ~Constitutional Attorney and Author Is Founder And President Of The Rutherford Institute.~, 9-11-2016, "The Tyranny of 9/11: The Building Blocks of the American Police State from A-Z," OffGuardian, https://off-guardian.org/2016/09/11/the-tyranny-of-911-the-building-blocks-of-the-american-police-state-from-a-z/
We've walked a strange and harrowing road since September 11, 2001, littered with
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city and county attorneys, police commissioners, city councils and judges.

Police State

THE STATE HAS BECOME THE CORPORATE STATE – WE'RE AT A BREAKING POINT. The military police becomes a tool by the privileged elite who control the state. These forces are celebrated as they near their goal of exterminating the other – violence is used at every ethical thought. Politics is nothing more than an extension of the punishing state —- The state has forced pedagogical spaces into a mechanical method of skill building – this space needs to fully commit to being an educational space in which students can develop into critical advocates for social change —- Thus the role of the judge is to "vote for the debater who best methodologically fights back against the militarized state"

Giroux 15 - (Henry ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature"The curse of totalitarianism and the challenge of critical pedagogy"~ http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy/)
The forces of free-market fundamentalism are on the march ushering in a terrifying
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critical pedagogy illuminates the relationships among knowledge, authority and power.~11~

The neolib state has uses militarized state as political control, it creates a ruse that violence is necessary for politics, it's created a war on terror that manifests itself locally – a tool to dominate

Giroux 15 - (Henry ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature "Henry Giroux on Hysterical Authoritarianism: Terrorism, Violence and the Culture of Madness"~ http://www.tikkun.org/nextgen/henry-girous-on-hysterical-authoritarianism-terrorism-violence-and-the-culture-of-madness)
George Orwell's nightmarish vision of a totalitarian society casts a dark shadow over  the United
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a central measure of power, national identity, and patriotism.~14~

Plan text

: Congress will eliminate the clearly established clause from current qualified immunity law.

The plan solves police misconduct – ends judicial confusion. Wright 15

Sam Wright, 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/
Instead, police officers have recourse to the broad protections of the judicially established doctrine
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show that that conduct's illegality has already been clearly established in the courts?

Police State Solvency

Rights are under assault and the citizenry DOESN'T CARE. Qualified immunity is complicit in this exact system – it allows police to act with impunity and perpetuate the police state.

Qualified immunity is key – it is the primary tool of a judicial system which allows police to act with impunity. Pattis 10

Norman Pattis ~lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials~, 2010, "Norman Pattis Blog," http://www.pattisblog.com/index.php?article=Qualified_Immunity_And_The_Police_State_2675
I get many calls each week from people who believe they have been abused by
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accomplices in a police state; most of them don't even realize it.

Qualified immunity has been expanding and allowing police violence on the grounds it was "reasonable". Avery 15

Michael Avery, 3-6-2015, "Do the Americans With Disabilities and Civil Rights Acts Apply to Police Operations?," Truthout, http://www.truth-out.org/news/item/29342-do-the-ada-and-civil-rights-act-apply
They have often said that qualified immunity protects all but "plainly incompetent" police
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victim of mental illness, we may see fewer shootings in the future.

Solvency

The plan happens now and it is key to creating reforms. De Stefan 17

Lindsey de Stefan ~J.D. Candidate, 2017, 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850
Altering the qualified immunity doctrine is an excellent way to begin the path to restoring
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of the stringent immunity afforded to police officers could take effect relatively quickly.

Qualified immunity prevents police accountability and kills broader department reform. Bernick 15.

Evan Bernick (Assistant Director of the Center for Judicial Engagement at the Institute for Justice). "To Hold Police Accountable, Don't Give Them Immunity." Foundation for Economic Education. 6 May 2015. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
The sad fact is that it is often effectively impossible to hold police officers accountable
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granted, discovery stops, and there is no trial on the merits.

Legal action is key now and the aff is a step in the right direction – it allows People of Color survival in the racist status quo while holding the racist actors accountable. Reinhardt 15

Stephen R. Reinhardt ~Circuit Judge, United States Court of Appeals for the Ninth Circuit~, "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences", 113 Mich. L. Rev. 1219 (2015). Available at: http://repository.law.umich.edu/mlr/vol113/iss7/3
This is an especially unfortunate time to be limiting the opportunities of those who have
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of the moral, economic, and scientific forces that shape our destiny.

There is no root cause of police violence and the aff is the right starting point. De Stefan 17.

Lindsey de Stefan ~J.D. Candidate, 2017, 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850
Irrespective of whether there has been an increase in the incidence of brutality or whether
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liability enjoyed by law enforcement officers alleged to have violated individual constitutional rights.

Tournament: Greenhill | Round: 1 | Opponent: Woodlands DY | Judge: John Scoggin
Endless growth is taken for granted in capitalist discourse producing the mindset of overconsumption. This represents nuclear power as necessary in solving short term electricity supply, without questioning the underlying assumption of why we need that electricity in the first place. Smith 13

 Thus, the role of the judge is to vote for the debater who best deconstructs overconsumption. Smith 16

Nuclear power production is justified through this overconsumption mindset, producing inequality. Maciejewska and Marszalek 11
.
Nuclear discourse legitimates itself in the language of profit while simultaneously painting the ecology movement as irrational. This creates denial of facts, decontextualizing nuclear power from its role in global energy production and painting it as the only alternative. Maciejwska and Marszalek 2

Advocacy: All countries will stop the production of nuclear power IMMEDIATELY. To clarify, this would not be a phaseout. I defend that the federal governments of countries take the action. I reserve the right to clarify.
.
Plan collapses the world economy – energy shortages, inflation, and natural gas spikes. Bauschard 8/12 cites Our Energy Policy Organization 1/6, Cicio no date, and Bezdek and Wendling 4. 

Every crisis is an opportunity for radical change – Cuba proves. The aff is key to a mindset shift against overconsumption, a strategy of prefiguring political structures for change and creating that change. Alexander and Rutherford 14

*Two impacts*:
1st Endless growth causes runaway warming – only economic collapse solves.  Smith 13

Warming is a process of strategic refusal – wealthy countries refuse to acknowledge their complicity, resulting in large scale structural violence. Nelson 16

2nd Impact: nuclear power externalizes costs onto developing countries and poor individuals through uranium mining. This is structural violence of the worst kind. Maciejwska and Marsazalek 3

Tournament: UCLA | Round: 2 | Opponent: Eagle CL | Judge: Matt Delateur

1AC – Advantage

The advantage is political dissent –

Speech is now censored through geography – this locks in state power and is more effective than overt censorship.

Mitchell 03 (Don Mitchell ~Distinguished Professor of Geography at Syracuse's Maxwell School~, 2003, "The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced" Stanford Agora Vol. 4 p.4-8 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf)
To be silenced is to be kept from being heard. My goal in this
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than ever if any effective right to free speech is to be retained.

Speech zones are an unconstitutional disaster which allow unilateral administrator discretion and increase violence despite repeated court rulings striking them down.

Hacker 14 (David Hacker ~admitted to the bar in Illinois and California, as well as the United States Supreme Court and multiple federal courts. Hacker has practiced law since 2004 and earned his J.D. from Washington University in St. Louis, Missouri~, It's Time to End Public University Speech Zones, JURIST-Hotline, May 21, 2014, http://jurist.org/hotline/2014/may/david-hacker-speech-zones.php.)//KEN
Several recent news stories highlight the troubling irony of so-called free speech zones
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under—and let students participate freely in the "marketplace of ideas."

Specifically true of universities – zoning is used by administrators to displace political dissent into small boxes that they define.

Zick 6 (Timothy Zick ~Associate Professor, St. John's University School of Law.~, Nov 3. 2006, "Speech and Spatial Tactics," St. John University School of Law, https://www.questia.com/library/journal/1P3-1009676961/speech-and-spatial-tactics)//KEN
3. The Production of Place.—Merely recognizing these first two features of space
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A res, of course, does not do any of these things.

This kills the efficacy of protest – spatial regulations are designed to reduce the "effects" of speech.

Mitchell 03 (Don Mitchell ~Distinguished Professor of Geography at Syracuse's Maxwell School~, 2003, "The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced" Stanford Agora Vol. 4 p.4-8 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf)
The Oxford English Dictionary indicates that at the time the Bill of Rights was written
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truth" of the state, and more with constantly assuring its justness.

Spatial regulation of speech maintains the established order – it brings back Mccarthyism and Cointelpro – only protests can solve.

Mitchell 03 (Don Mitchell ~Distinguished Professor of Geography at Syracuse's Maxwell School~, 2003, "The Liberalization of Free Speech: Or, How Protest in Public Space is Silenced" Stanford Agora Vol. 4 p.4-8 Available at agora.stanford.edu/agora/volume4/articles/mitchell/mitchell.pdf)
As the preceding argument has indicated, the liberalization of free speech has not always
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duty and a right for which street protest is sometimes the only resource.

Zones are the Panopticon – they are used for surveillance and control by those on top of the power hierarchy.

Zick 6 (Timothy Zick ~Associate Professor, St. John's University School of Law.~, Nov 3. 2006, "Speech and Spatial Tactics," St. John University School of Law, https://www.questia.com/library/journal/1P3-1009676961/speech-and-spatial-tactics)//KEN
Thus far, this Article has sought to distance place from res by suggesting that
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element of specific "political strategies" at certain points in history. 309

That creates militarized police crackdown which silence dissent and justifies US imperialism.

Chatterjee and Maira 14 (Introduction of Imperial University: Academic Repression and Scholarly Dissent. Minneapolis, US: Univ Of Minnesota Press, 2014. ProQuest ebrary. Web. Introduction by Piya Chatterjee and Sunaina Maira. Published by the University of Minnesota Press 2014)KEN
In a post-9/ 11 world, the U.S. university
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repression of academic knowledge that counters the imperial, nation-building project. 

Neolib structures the university – only radical protests which reject piecemeal reforms can solve.

Williams 15 (Jo Williams ~Lecturer, College of Education at Victoria University~, "Remaking education from below: the Chilean student movement as public pedagogy," Australian Journal of Adult Learning, November 2015)
This article considers the Chilean student movement and its ten-year struggle for public
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change in terms of equity and quality (Cooperativa.cl, 2014).

The impact is environmental crises and structural violence which culminate in extinction.

Farbod 15 (Faramarz Farbod ~PhD Candidate @ Rutgers, Prof @ Moravian College~, Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2)
Global capitalism is the 800-pound gorilla. The twin ecological and economic crises
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enhancing natural and social systems will soon reach a point of no return. 

Thus, the Role of the Ballot is to reclaim education from neoliberalism – you as an educator have an obligation to refuse the use of "objective" normativity – that allows the violence of neoliberal education to continue. Only an unflinching agonistic stance can resolve this.

Giroux 13 (Henry Giroux ~American scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy~, "Public Intellectuals Against the Neoliberal University," 29 October 2013, http://www.truth-out.org/opinion/item/19654-public-intellectuals-against-the-neoliberal-university)//ghs-VA
Increasingly, as universities are shaped by an audit culture, the call to be
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with others, and transform, when necessary, the world around them.

1AC – Advocacy

Advocacy text: Public colleges and universities will not restrict free speech to free speech zones.

1AC – Solvency

They limit student speech and should be banned.

Hudson 16 (David Hudson ~First Amendment expert and law professor who serves as First Amendment Ombudsman for the Newseum Institute's First Amendment Centere, writes regularly for the ABA Journal and the American Bar Association's Preview of United States Supreme Court Cases,senior law clerk at the Tennessee Supreme Court, and teaches First Amendment and Professional Responsibility classes at Vanderbilt Law School and various classes at the Nashville School of Law~, 6-1-2016, "How Campus Policies Limit Free Speech," Huffington Post, span class="skimlinks-unlinked"http://www.huffingtonpost.com/the-conversation-us/how-campus-policies-limit_b_10249690.html/span)
In addition, many colleges and universities have free speech zones. Under these policies
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position of school administrators should be to allow speech, not limit it. 

Protests on college campuses are successful – they spillup nationally and empirically reduce oppression.

Curwen, Song, and Gordon 15 (Thomas Curwen ~award-winning staff writer for the Los Angeles Times, where he has worked as editor of the Outdoors section, deputy editor of the Book Review and an editor at large for features. He was part of the team of Times reporters who won a Pulitzer for their work covering the 2015 terrorist attack in San Bernardino, and in 2008 he was a finalist for a Pulitzer Prize for his story about a father and daughter who were attacked by a grizzly bear in Montana. He has received a Rosalynn Carter Fellowship for mental health journalism and was honored by the Academy of American Poets~, Jason Song ~covered higher education with an emphasis on community colleges and online learning. He was part of the Los Angeles Times team that won the Scripps Howard Award for Public Service in 2011 and the Philip Meyer Award from the Investigative Reporters and Editors organization.~, Larry Gordon ~higher education writer for the Los Angeles Times and covered issues affecting colleges and universities in California and around the nation. He has been an assistant city editor and an urban affairs writer at The Times. He previously worked at the Bergen Record and Hudson Dispatch in his native New Jersey. He won a mid-career Fulbright grant to teach journalism in Bulgaria. Gordon has a bachelor's from Georgetown University and a master's in journalism from Columbia University~, 11-18-2015, "What's different about the latest wave of college activism," latimes, http://www.latimes.com/local/education/la-me-campus-unrest-20151118-story.html)
*Empirics UMissouri led to a national movement against opp due to scoail media

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been effective in pushing for change and sparking dialogue as well as polarization." 

They're also against oppression – colleges are more inclusive and minorities are more incentivized to speak out.

Curwen, Song, and Gordon 15 (Thomas Curwen ~award-winning staff writer for the Los Angeles Times, where he has worked as editor of the Outdoors section, deputy editor of the Book Review and an editor at large for features. He was part of the team of Times reporters who won a Pulitzer for their work covering the 2015 terrorist attack in San Bernardino, and in 2008 he was a finalist for a Pulitzer Prize for his story about a father and daughter who were attacked by a grizzly bear in Montana. He has received a Rosalynn Carter Fellowship for mental health journalism and was honored by the Academy of American Poets~, Jason Song ~covered higher education with an emphasis on community colleges and online learning. He was part of the Los Angeles Times team that won the Scripps Howard Award for Public Service in 2011 and the Philip Meyer Award from the Investigative Reporters and Editors organization.~, Larry Gordon ~higher education writer for the Los Angeles Times and covered issues affecting colleges and universities in California and around the nation. He has been an assistant city editor and an urban affairs writer at The Times. He previously worked at the Bergen Record and Hudson Dispatch in his native New Jersey. He won a mid-career Fulbright grant to teach journalism in Bulgaria. Gordon has a bachelor's from Georgetown University and a master's in journalism from Columbia University~, 11-18-2015, "What's different about the latest wave of college activism," latimes, http://www.latimes.com/local/education/la-me-campus-unrest-20151118-story.html)
*Universities are miniature pools of society which means that people want to be included
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and peers know that they have not forgotten the struggle in the community." 

Aff removes the corporate hold on universities – they empirically cause transnational movements against cap.

Delgado and Ross 16 (Sandra Delgado ~doctoral student in curriculum studies at the University of British Columbia in Vancouver, Canada~ and E. Wayne Ross ~Professor in the Faculty of Education at the University of British Columbia in Vancouver, Canada~, "Students in Revolt: The Pedagogical Potential of Student Collective Action in the Age of the Corporate University" 2016 (published on Academia.edu))
The last decade has been marked by a significant increase in the number of student
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for political, social or/and educational agendas, programs or pleas. 

Removing regulations on space is key – it's the foundation for expression because it controls speech's efficacy.

Zick 6 (Timothy Zick ~Associate Professor, St. John's University School of Law.~, Nov 3. 2006, "Speech and Spatial Tactics," St. John University School of Law, https://www.questia.com/library/journal/1P3-1009676961/speech-and-spatial-tactics)//KEN
The Primacy of Place.—Ancient Greek philosophers were among the first to recognize the
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to an examination of the scope of expressive rights afforded by that place.