Free Speech Zones Aff

to integrate

A2 T – Content-Based

No real distinction between content-neutral and content-based restrictions

Despite the centrality of these two inquiries to free speech doctrine, the means of making the determinations remains murky.5 One problem is that the Court frequently merges the inquiries into whether a government action is content- and/or viewpoint-based. The result in the content-based/content neutral inquiry is that the determination often seems driven solely by viewpoint discrimination concerns. This emphasis in the content-based/content neutral inquiry does not particularly matter, because both content and viewpoint discrimination result in the same level of review. When the Court needs to, it can reiterate that subject matter discrimination, like viewpoint discrimination, is problematic The primary problem with the merger in the content-based/content neutral inquiry is that when the Court must make the content/viewpoint determination, it has left itself no principled basis upon which to tell the different types of government action apart." The result is fractured opinions, differently stated tests, and holdings that can be criticized as outcome-driven. Another problem is that, even when the Court agrees upon a test to make one of the determinations, the Justices have trouble fitting the particular government action within the rule. With respect to the content-based/content neutral inquiry, the majority and dissenting Justices in Turner Broadcasting System, Inc. v. FCC9 agreed to inquire whether a cable television must-carry provision was justified by the content of the regulated speech.' ° The Justices then disagreed on the application of the facts to the law; the majority characterized Congress's desire to preserve local stations as economic" while the dissenters characterized it as aimed at preserving diversity in the television speech market." With respect to the content/viewpoint inquiry, the Court has perceived viewpoint discrimination where the government excludes religious speech from more broad-based aid." In these instances, the Court defines viewpoint discrimination as occurring when the government eliminates some perspectives on a permitted subject matter of discussion. " 4 In other instances, however, where the government's access rules seem to result in the same type of favoritism, the Court has not perceived viewpoint discrimination as occurring." The resulting doctrine is confused and can appear outcome-driven. 1 6 It neither corresponds well with free speech values, nor provides guidance to the lower courts that must struggle to make the crucial doctrinal determinations.

Two implications – 1. we meet – even content-neutral regulations collapse into content-based restrictions because the Court evaluates all speech regulations in terms of viewpoint discrimination and 2. reject their interp for arbitrariness – it doesn't set a good limit on the topic since even the Supreme Court is shifty on what exactly constitutes a content-based restriction

We meet – zones target some viewpoints

We meet – zones reduce speech overall. Their interp is absurd – if the aff removed a ban on ALL speech, that would still be non-topical under their definition because it doesn't help a viewpoint

Counterinterp – the aff may remove a content-neutral restriction

the standard is ground

A2 T – Not Conduct

No speech/conduct distinction

Ferguson 79 [James Ferguson (Law Clerk to Judge William J. Bauer, United States Court of Appeals for the Seventh Circuit. J.D. 1976, Northwestern), "Scientific Inquiry and the First Amendment," Cornell Law Review, 1979] AZ

The speech-conduct dichotomy does not always provide a useful analytical framework, however, for some forms of conduct are so tightly bound up with protected speech as to warrant a measure of constitutional protection themselves. 37 Indeed,, the Supreme Court has found at least three distinct patterns of activity to merit first amendment protection. First, the Court has long held that certain modes of communication-picketing, marching, distributing handbills-fall within the scope of the first amendment even though such activity is, to some extent, nonverbal conduct.38 Second, the Court has acknowledged that "symbolic acts" such as the wearing of armbands are "closely akin to 'pure speech"' and thus worthy of protection.39 Finally, the Court has recently recognized a third form of conduct with first amendment significance-what might be broadly described as noncommunicative conduct essential to the ability of individuals to engage in free expression. 40 This third category of first amendment activity bears closer examination, for herein lies the basis for the constitutional argument of scientific inquiry.41

Standard is aff ground – anything else arbitrarily limits out a huge portion of advantage ground

We meet – flyers are written speech and spoken expression within speech zones is clearly speech

Extra-T isn't a voting issue – drop the parts of the aff that are conduct and not speech – losing nearly a third of 1AC time is a sufficient deterrent

discarded/old

Student protest combats racial inequality by sparking national dialogue and movements

Curwen 15 [Thomas Curwen, Jason Song and Larry Gordon (reporters), "What's different about the latest wave of college activism," LA Times, 11/18/2015] AZ

Although some of the strategies may seem familiar, it is the speed and the urgency of today's protests that are different. "What is unique about these issues is how social media has changed the way protests take place on college campuses," said Tyrone Howard, associate dean of equity, diversity and inclusion at UCLA. "A protest goes viral in no time flat. With Instagram and Twitter, you're in an immediate news cycle. This was not how it was 20 or 30 years ago." Howard also believes that the effectiveness of the actions at the University of Missouri has encouraged students on other campuses to raise their voices. "A president stepping down is a huge step," he said. "Students elsewhere have to wonder, 'Wow, if that can happen there, why can't we bring out our issues to the forefront as well?'" Shaun R. Harper, executive director of the University of Pennsylvania's Center for the Study of Race and Equity in Education, agrees. The resignation of two top Missouri administrators, Harper said, showed students and athletes around the country that they have power they may not have realized before. The protests show "we're all together and we have the power to make the change we deserve," said Lindsay Opoku-Acheampong, a senior studying biology at Occidental. "It's affirming," said Dalin Celamy, also a senior at the college. "It lets us know we're not crazy; it's happening to people who are just like you all over the country." Celamy, along with other students, not only watched the unfolding protests across the country, but also looked to earlier protests, including an occupation of an administrative building at Occidental in 1968. Echoes of the 1960s in today's actions are clear, said Robert Cohen, a history professor at New York University and author of "Freedom's Orator," a biography of Mario Savio, who led the Free Speech Movement at UC Berkeley in the 1960s. "The tactical dynamism of these nonviolent protests and the public criticism of them are in important ways reminiscent of the 1960s," Cohen said. "Today's protests, like those in the '60s, are memorable because they have been effective in pushing for change and sparking dialogue as well as polarization." Although the targets of these protests are the blatant and subtle forms of racism and inequity that affect the students' lives, the message of the protests resonates with the recent incidents of intolerance and racial inequity on the streets of America. There is a reason for this, Howard said. Campuses are microcosms of society, he said, and are often comparable in terms of representation and opportunity. "So there is a similar fight for more representation, acceptance and inclusion." The dynamic can create a complicated and sensitive social order for students of color to negotiate. "Latino and African American students are often under the belief if they leave their community and go to colleges, that it will be better," Howard said. "They believe it will be an upgrade over the challenges that they saw in underserved and understaffed schools. But if the colleges and universities are the same as those schools, then there is disappointment and frustration." In addition, Howard said, when these students leave their community to go to a university, they often feel conflicted. "So when injustice comes up," he said, "they are quick to respond because it is what they saw in their community. On some level, it is their chance to let their parents and peers know that they have not forgotten the struggle in the community." On campuses and off, Harper, of the University of Pennsylvania center, finds a rising sense of impatience among African Americans about social change. "As a black person, I think black people are just fed up. It's time out for ignoring these issues," he said. While protests in the 1960s helped create specific safeguards for universities today, such as Title IX, guaranteeing equal access for all students to any educational program or activity receiving federal financial assistance, a gap has widened over the years between students and administrators over perceptions of bias. Institutions often valued for their support of free speech find themselves wrestling with the prospect of limiting free speech, but to focus on what is or isn't politically correct avoids the more important issue, Cohen said: whether campuses are diverse enough or how to reduce racism. Occidental student Raihana Haynes-Venerable has heard criticism that modern students are too sensitive, but she argues that subtle forms of discrimination still have a profound effect. She pointed to women making less than men and fewer minorities getting jobs as examples. "This is the new form of racism," she said.

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