[eDebate] 1st Amendment/"That's too broad!"

J T jtedebate
Sun May 28 19:58:49 CDT 2006

First, we would NOT debate the full breadth of ANY area if the topic
was limited to previous decisions:  SC should overturn one of
its decisions!
All of the massive ground some of you describe just 
doesn't exist in the SC lit on decisions!...overturning 
previous decisions is THE limiter for the topic! Of those
cases, some while overturn others...then some will just not 
have good lit...which at least limits a bit...
Also, the direction of action can limit these areas: iincrease gov't protection of rights/decrease gov't authority, etc.

Galloway sent me a long list of previous cases on 1st Amendment
issues (thanks)...citing this as reasons why the topic is too broad... 
while the above argumetns should answer this in part, he might 
be right on using the whole 1st Amend. is too broad....

Galloway suggests using:
obscenity law
hate speech
seditious libel

One problem is the direction in which the decision (plan) would go...increase/decrease rights or gov't protections?  It obviously cannot be just changed (bidirectional)...I think that's important in choosing an area or issues within a larger area.

Obscenity Law: This is not particularly a "hot topic". While there is definite case law, I think this as an area is definitely too limiting ...in terms of the actual issues presented it lacks diversity...

Hate Speech: Same again...while many cases exist, many overturn previous in the list...despite the number of cases, not many were contentious enough to generate much beyond simple links to generic args...

Seditious Libel: This would be a sweet discussion


limit "1st Amendment" to increase protections of "freedom of expression"...this is broad, yes, but no more than any other topic! Also the concerns at the top should mitigates those concerns. This option allows for aff flexibility, as well as predictable neg ground....ok, there is a diversity of issues, but the generic neg ground is still the same...PLUS it will hopefully diversify the kritikal literature base.....

so a res. would look something like this: That the USSC should overturn one or more of its previous decisions to substantially increase protection of 1st Amendment freedoms of expression in the United States.

here is a list of topics to be addressed within this resolution...DO NOT BE THROWN OFF BY THE LONG LIST! All of these issues are hyper-differentiated and most overlap within others in this list...This should make it clear...even in one area, the potential ISSUES within an area are hard to limit...but easy to overlimit...

      Abortion Protests
      Academic Freedom
      Adult Businesses
      Advocacy of Violence
      Alien & Sedition Acts 1798
      Anonymous Expression
      Attorney's Speech
      Bar Admission Cases
      Book Banning & Related Activities
      Campaign Financing
      Campaign Speech
      Campus Speech Codes & Related Cases
      Captive Audience
      Charitable Solicitation Laws
      Child Pornography
      Civil Rights (Race & Free Expression)
      Commercial Speech
      Communist Party
      Compelled Speech/Association
      Confidential Information (regulation of)
      Contempt Orders
      Content Neutrality
      Contracts & Free Speech
      Corporate Speech
      Criminal Libel
      Cross Burning
      Electronic Media
      Emotional Distress (tort)
      Espionage Act Cases
      Espionage and Sedition Statutes (1917-1918)
      Exceptions to First Amendment
      False Light
      Flag Desecration
      Flag Salute
      Free Press/Fair Trial
      Free Speech Scholars
      Freedom of Association, Assembly, Petition
      Gag Orders
      Government Employment
      Government-Funded Expression
      Group Membership (regulation of)
      Hate Speech
      Historical Materials
      Hostile Audiences
      Incidental Restrictions on Expression
      Indecent Speech
      Intentional Infliction of Mental Distress
      Intermediate Scrutiny
      Invasion of Privacy
      James Madison
      Jehovah's Witnesses
      Labor Laws
      Littering & Free Expression
      Mail (U.S.) Cases
      Movie Censorship
      Noise Regulations
      Nude Dancing
      Offensive Words
      Oral Arguments -- Audio Files
      Overbreadth Doctrine
      Pardons & Related Acts of Executive Clemency in Free Speech Cases
      Patriotism & Free Speech
      Political/Electoral Process
      Preferred Position
      Press Cases (most famous)
      Press Freedoms
      Prior Restraints
      Private Individuals
      Public Figures
      Public Forum/Private Property
      Public Officials
      Religious Speech
      Reporter's Privilege
      RICO cases
      Search & Seizure
      Secondary Effects Test
      Securities Regulation
      Sexual Material
      Solicitors General Who Argued First Amendment Cases
      Son of Sam Laws
      Speaker Identity
      Speech/Conduct Distinction
      State Action
      State Constitutional Provisions
      Statutes (Espionage & Sedition Acts, 1917-1918)
      Student Expression
      Symbolic Speech & Expressive Conduct
      Taxes on Expression
      Tents & Symbolic Expression
      Time, Place, and Manner Restrictions
      Traffic Regulations
      Truthful Information (restrictions on the reporting of)
      Unconstitutional Conditions Doctrine
      Unions & Freedom of Expression
      Unsolicited Communications
      Void for Vagueness Doctrine






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Emporia State University
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