[eDebate] 1st Amendment/"That's too broad!"
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
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:
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...
Advocacy of Violence
Alien & Sedition Acts 1798
Bar Admission Cases
Book Banning & Related Activities
Campus Speech Codes & Related Cases
Charitable Solicitation Laws
Civil Rights (Race & Free Expression)
Confidential Information (regulation of)
Contracts & Free Speech
Emotional Distress (tort)
Espionage Act Cases
Espionage and Sedition Statutes (1917-1918)
Exceptions to First Amendment
Free Press/Fair Trial
Free Speech Scholars
Freedom of Association, Assembly, Petition
Group Membership (regulation of)
Incidental Restrictions on Expression
Intentional Infliction of Mental Distress
Invasion of Privacy
Littering & Free Expression
Mail (U.S.) Cases
Oral Arguments -- Audio Files
Pardons & Related Acts of Executive Clemency in Free Speech Cases
Patriotism & Free Speech
Press Cases (most famous)
Public Forum/Private Property
Search & Seizure
Secondary Effects Test
Solicitors General Who Argued First Amendment Cases
Son of Sam Laws
State Constitutional Provisions
Statutes (Espionage & Sedition Acts, 1917-1918)
Symbolic Speech & Expressive Conduct
Taxes on Expression
Tents & Symbolic Expression
Time, Place, and Manner Restrictions
Truthful Information (restrictions on the reporting of)
Unconstitutional Conditions Doctrine
Unions & Freedom of Expression
Void for Vagueness Doctrine
Asst. Debate Coach
Emporia State University
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