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SV Framing
Morality is worthless is a world of continuous brutalism our
foremost ethical obligation is to recognize and destroy
oppressive power relations.
Evans and Giroux 15 Senior Lecturer in International Relations at the
University of Bristol. PhD from Carnegie-Mellon University & Pioneer in Critical
Pedagogy. Disposable Futures: Critique of Violence. TruthOut. May 6 th, 2015.
http://www.truth-out.org/progressivepicks/item/30589-disposable-futures-critique-of-
violence
Our critique begins from the realization that violence has become ubiquitous , "settling like some all-enveloping
excremental mist ... that has permeated every nook of any institution or being that has real influence on the way we live now."[22] We cannot escape its
spectre. Its presence is everywhere. It is hardwired into the fabric of our digital DNA. Capitalism in fact has always thrived on its consumption. There is,
after all, no profit in peace. We are not calling here for the censoring of all representations of violence as if we could retreat into some sheltered
heavily mediated, and that as such we are witness to various spectacles that serve[s] a distinct political function, especially as they either work
to demonize political resistance or simply extract from its occurrence (fictional and
actual) any sense of political context and critical insight. Moving beyond the
spectacle by making visible the reality of violence in all of its modes is both necessary
and politically important. What we need then is an ethical approach to the problem of violence such that its occurrence is
intolerable to witness. Exposing violence is not the same as being exposed to it, though the former too often comes as a result of the latter. The corrupting
and punishing forms taken by violence today must be addressed by all people as both the most important element of power and the most vital of forces
shaping social relationships under the predatory formation of neoliberalism. Violence is both symbolic and material in its effects and its assaults on all
social relations, whereas the mediation of violence coupled with its aesthetic regimes of suffering is a form of violence that takes as its object both
memory and thought. It purges the historical record, denying access to the history of a more dignified present, purposefully destroying the ability to
connect forms of struggle across the ages. Memory as such is fundamental to any ethics of responsibility. Our critique of violence
begins, then, as an ethical imperative. It demands a rigorous questioning of the normalized culture
reading of the way violence is mediated in our contemporary moment; how skewed
power relations and propagators of violence are absolved of any wider
blame in a pedagogical and political game that permits only winners and losers;
how any act of injustice is made permissible in a world that enshrines
systemic cruelty.
Three implications:
a) any ethical calculation is distorted through the lens of
normalized oppression objectivity is impossible to achieve in
face of the spectacle of violence.
b) ethics will always come second to the interests of the
powers-that-be; abstract discussions of morality pacify the
academy by distancing us from the horrors of the status quo
and prevent an ethical society from ever instantiating in the
real world.
c) the ACs impacts are cyclical oppressive power structures
strategically shut down resistance until there is none and their
violence can continue unchallenged. We need change and we
need it now
Neolib Framing
Neoliberalism is a social reality that feeds off the subjugation
and inequality within society.
http://www.truth-out.org/opinion/item/26885-henry-giroux-on-
the-rise-of-neoliberalism?tmpl=component&print=1
We're talking about an ideology marked by the selling off of public goods to private interests; the attack on social provisions;
(Neoliberalism) the rise of the corporate state organized around privatization, free trade, and
deregulation; the celebration of self-interests over social needs; the celebration of profit-making as the essence of democracy
coupled with the utterly reductionist notion that consumption is the only applicable form of citizenship. But even more than that, it
the market serves as a model for structuring all social
upholds the notion that
relations: not just the economy, but the governing of all of social life. I think that as a mode of governance, it is really quite
dreadful because it tends to produce identities, subjects and ways of life driven by a kind
of "survival of the fittest" ethic, grounded in the notion of the free, possessive individual and committed to the
right of individual and ruling groups to accrue wealth removed from matters of ethics and social cost. That's a key issue. I mean, this
is a particular political and economic and social project that not only consolidates class power in the hands of the one percent, but
operates off the assumption that economics can divorce itself from social costs, that it doesn't have to deal with matters of ethical
these policies across
and social responsibility, that these things get in the way. And I think the consequences of
the globe have caused massive suffering, misery, and the spread of a massive
inequalities in wealth, power, and income. These massive dislocations have also produced serious mental health crises. We
are witnessing a number of people who are committing suicide because they have lost their pensions, jobs and dignity. We see the
attack on the welfare state; we see the privatization of public services, the dismantling of the connection between private issues and
public problems, the selling off of state functions, deregulations, an unchecked emphasis on self-
interest, the refusal to tax the rich, and really the redistribution of wealth from the middle and working classes to the ruling
class, the elite class, what the Occupy movement called the one percent. It really has created a very bleak
emotional and economic landscape for the 99 percent of the population throughout
the world.
Democracy has really become two things for a whole range of anti-democratic politicians, anti-intellectuals, and the people who
support these policies. Democracy basically is a word they use, but they empty it, and invert its meaning to justify the most anti-
democratic practices and policies, meaning that it's a term that has nothing to do with questions of justice, nothing to do with
questions of rights, nothing to do with questions of legality. As a matter of fact, it becomes a term of deception and diversion - a kind
of counterfeit term that's used to justify a whole range of policies that actually are anti-democratic. It's oxymoronic. The other side
of this is that the financial elite and oligarchs despise democracy since they know that NL is the antithesis of
real democracy because it feeds on inequality; it feeds on privilege, it feeds on massive
divisiveness, and it revels in producing a theater of cruelty. All you have to do is look at the way it enshrines a kind of rabid
individualism. It believes that privatization is the essence of all relationships. It works very hard to eliminate any investment in
public values, in public trust. It believes that democracy is something that doesn't work, and we hear and see this increasingly from
the bankers, anti-public intellectuals and other cheerleaders for neoliberal policies. What shocks me about NL in all of its forms is
how utterly unapologetic it is about the misery it produces. And it is unapologetic not just in
that it is indifferent to the violence it causes, but it is also blames the very victims
that suffer under these policies. The vocabulary of NL posits a false notion of freedom, which it
wraps in the mantle of individualism and choice, and in doing so reduces all problems to private
issues, suggesting that whatever problems bear down on people, the only way to understand them is through the restrictive
lens of individual responsibility, character and self-resilience. In this instance, the discourse of character and
personal responsibility becomes a smoke screen to prevent people from
connecting private troubles with larger social and systemic
considerations.
with the
violence today must be understood by comprehending the ways in which systemic cruelty is transformed into questions of individual pathology. What is more,
liberation. Nowhere is this more apparent today than in the doctrine of "resilience" which, as critiqued elsewhere, forces us to accept our vulnerabilities without providing us with the
Neoliberalism's culture of
tools for genuine transformation of those systematic processes that render us insecure in the first place.[2]
violence is reinforced by what Zsuza Ferge calls the "individualization of the social,"[3] in which all
traces of the broader structural forces producing a range of social problems such as widening inequality and mass poverty disappear. Under the regime of
deserved condition."[4]
the
The majority in this case, however, upheld Gitlows conviction and in the process affirmed both the constitutionality of the New York law, and
States right to police some forms of speech . Assuming, first, that the due process clause of the Fourteenth
Amendment covered the liberties outlined in the First Amendment, the Court, second, argued that the freedom of speech and of the press which is
secured by the Constitution, does not confer an absolute right to speak or publish, without responsibility, whatever one may choose.10
Further, the Court held, That a State in the exercise of its police power may
punish those who abuse this freedom by utterances inimical to the public welfare, tending to corrupt public morals, incite crime, or disturb
the peace, is not open to question.11 Finally, a State may punish utterances endangering the
foundations of organized government and threatening its overthrow by unlawful means.12 On much of this Holmes did not
disagree. His dissent in Gitlow was based in earlier decisions and dissents he had written for the Court in the wake of World War 1.13 These
earlier cases, established the standards for the right that many now
consider the foundation of contemporary American liberty: the right to free speech. Or more
accurately, at the end of World War I, the Supreme Court, with Justice Holmes taking the lead, began to
develop the language that allowed for the regulation of speech such that
it could be protected as an ingredient necessary to the development and
the strength of the state. It began to find a way to limit speech, rather than
to outlaw it altogether. If the majority in Gitlow had not yet come around to this view, later Courts did, finding in Holmess
decisions the language necessary to begin the project of liberalizing free speech in the U.S.15 This liberalization was
Holmes first laid out his language concerning clear and present danger in the Schenck case. 21 The question in every case, Holmes intoned, is
whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about
substantive evils that Congress has a right to prevent. It is a question of proximity and degree.22 He also said a few other things that bear repeating,
especially now: When a nation is at war, many things that might be said in a time of peace are such a hindrance to its effort that their utterance will not
be endured so long as men fight and no Court could regard them as protected by any Constitutional right.23 However, Holmes clarified: We admit that in
many places and in ordinary times, the defendants would have been within their constitutional rights. But the character of the act depends upon the
circumstances in which it is done. The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a
panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.24. 7 So, even when not at war, the
government may strongly circumscribe speech . There are two issues that are crucial here to the
construction of a fully liberal theory of free speech. The first is that what
makes a difference in the nature of speech is where that speech occurs.
There would be nothing wrong, presumably, with falsely shouting fire , even in a
time of war, in the middle of the wilderness , or even on a busy street, if there is adequate room to move. The
trick for speech regulation, therefore, becomes and became for the Court one of spatial
regulation. Regulation of location, or place, becom(ing) the surrogate for the regulation of
content.25 The second crucial point Holmes makes is to distinguish between the content of
speech and the possibility that such speech might have an effect .26 My purpose in
the remainder of this essay is to examine the intersection of these two issues to show how contemporary speech
laws and policing effectively silence dissident speech in the name of its promotion
and regulation. As the Court has moved away from a regime that penalizes
what is said in essence liberalizing free speech it has simultaneously created a means to
severely regulate where things may be said, and it has done so, in my estimation, in a way
that more effectively silences speech than did the older regime of
censorship and repression. It could be argued to put all this another way that the death of
William Epton received the attention it did precisely because the way his speech was policed seems so anachronistic now. It certainly seems a heavy-
handed means of silencing opposition. It seems illiberal.A more liberal approach to silencing opposition
to keeping it from being heard is to let geography, more than
censorship, do the silencing. And this is the direction American law is
tending. In what follows I will make my argument clear first 25 through a historical geography of First Amendment law and the evolution of the
public forum doctrine, and then by looking at three case studies that show(s) how regulating the where of speech
And absent our right for assembly and speech, the university
will construe any form of civil disobedience as domestic
terrorism if they dont like it preventing dissidents from
contesting neolib.
Mitchell 2
2 - Don Mitchell, Distinguished Professor of Geography at Syracuses Maxwell
School: 2003 (The Liberalization of Free Speech: Or, How Protest in Public Space is
Silenced Stanford Agora Vol.
As the preceding argument has indicated, the liberalization of free speech has not always been progressive. And it has not been progressive in both senses of the term. It
has not marched steadily forward, uninterrupted, towards the shining light of freedom, to become ever more liberal, ever more just. Rather, to the degree it has been liberalized, this has
occurred in fits and starts, with frequent steps backwards or to the side rather than forward. Like any social history, that is, the history of free speech is not a linear one of ever-
expanding enlightenment; like any social history it is a history of ongoing struggle. Nor has it been progressive in the sense of necessarily more just, as a close focus on the geography of
has always been necessary to winning and securing rights to assembly and speech, there is a great deal to be deeply concerned abou t. For the closing off
of space to protest has made civil disobedience all the more necessary right at the moment when new
laws make civil disobedience not just illegal, but potentially terroristic. The witchs brew of
Supreme Court spatial regulation of speech and assembly and new antiterrorism laws portends
deep trouble for those of us who think we have a duty as well as a right to
transform our government when we think it is in the wrong, a duty and a
right for which street protest is sometimes the only resource. Within six weeks of the terrorist
attacks of September 11, 2001, Congress had passed, and (under )the President signed into law, the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act).170 Among its many provisions, the Act defines as domestic terrorism, and
therefore covered under the Act, acts dangerous to human life that are in violation of the criminal laws, if they appear to be intended to influence the policy of a government by
Acts of civil
intimidation or coercion and if they occur primarily within the territorial jurisdiction of the United States.171 As Nancy Chang argues:
disobedience that take place in the United States necessarily meet three of the five
elements in the definition of domestic terrorism : they constitute a
violation of the criminal laws, they are intended to influence the
policy of a government, and they occur primarily within the territorial
jurisdiction of the United States. Many acts of civil disobedience, including the blocking of streets and points of egress by nonviolent
means during a demonstration or sit-in, could be construed as acts dangerous to human life that appear to be intended to influence the policy of a government by intimidation or
would most likely have ended with a charge of disorderly conduct under a
local ordinance can now lead to federal prosecution and conviction for
terrorism.172 As the space for protest has become more and more tightly zoned, the likelihood that laws will be broken in the course of a demonstration a demonstration
seeking to influence a policy of government increases. And, of course, the very reason for engaging in a demonstration is to coerce, even if it is not to directly intimidate. One
should not be sanguine about the or placed between intimidate and coerce. It means just what it says: coercion or intimidation will be enough for prosecution.173 Now even civil
disobedience can be construed as an act of terrorism. The intersection of the new repressive state apparatus being constructed in the wake of September 11 with nearly a century of
for those days when protest in public space was only silenced through the
strategic geography of the public forum doctrine.
depravity of neoliberal(ism) policy and its market-driven logic (D. W. Hursh and Henderson, 2011) has
form of citizenship increasingly being offered to young people is consumerism (2003:7 ). Neoliberal education sees
students and young people as passive consumers, the emphasis of schooling on learning how to be
governed rather than how to govern (Giroux, 2003:7). In such a context the space
for a public pedagogy, based on challenging the hegemony of neoliberal
ideology and aligned with collective resistance, appears limited at best.
And yet, every day people, teachers, students and communities do engage
in political struggle, enacting pedagogies that seek to unveil rather than
continue to mask the political structures and organisation that ensures
power remains in the hands of the few, and at the service of the few, at
the expense of the rest of us. Giroux characterises public pedagogies as
defined by hope, struggle and a politicisation of the education process. He
argues for a politics of resistance that extends beyond the classroom as
part of a broader struggle to challenge those forces of neo-liberalism that
currently wage war against all collective structures capable of defending
vital social institutions as a public good (Giroux, 2003:14). Central to Girouxs
argument is the need for critical educators to look to, value, and engage
in and with social movements as they emerge and develop as sites of
resistance. To take sides, speak out, and engage in the hard work of debunking corporate cultures assault on teaching and learning, orient
their teaching for social change, connect learning to public life and link knowledge to the operations of power (Giroux, 2004:77). He argues
Under these
Restricting where students can have free speech. In addition, many colleges and universities have free speech zones.
administrators, as they claim to advance the cause of free speech. But, free speech
expert Charles Haynes, the entire campus should be a free speech zone. In other words, the default position of school
movements within the university have not only the potential to subvert
educational reforms, but in addition, they have become strategic nodes
for the transformation of the processes and practices in higher education ,
and most importantly for the constant re-imagination and the recreation of new forms of subaltern counter-hegemony (p. 1). The strategic
the beginnings of the university, but more broadly, students have played a
significant role in defining social, cultural and political environments
around the world (Altbach, 1966; Boren, 2001). The contributions and influences of
students and student movements to revolutionary efforts and political
movements beyond the university context are undeniable. One example is
the role that students have played in the leadership and membership of
the political left (e.g. students role in the Movimiento 26 de Julio - M-26-7
in Cuba during the 50s and in the formation of The New Left in the United
States, among others). Similarly, several political and social movements have either established alliances with student organizations or created their
own chapters on campuses to recruit new members, mobilize their agendas in education and foster earlier students involvement in politics2 (Altbach, 1966; Lipset, 1969).
political tactic, rather than an academic value (Fish 2005). As a tactic, its purpose is not
simply to get more conservatives teaching in English Departments, promote intellectual diversity, or protect(ing)
conservative students from the horrors of left-wing indoctrination, but to call into question the viability of academic integrity, eliminate critical
scholarship, and undermine the university as a public sphere that educates students as criti cally engaged and responsible citizens in the larger global
expose students to ideas and arguments that are new to them and to help
them think critically about controversial issues. Nothing pleases teachers more than to see students craft their
own, original argu ments, based on solid evidence, that dispute the point of view presented in class lectures. . . . University teaching
is not about fairness, and there is nobody capable of imposing "fair" views on teachers. It is about provoking students to
think analytically and synthetically, and to reason on their own. In the assigned texts, in class discussion, and in lectures, the
students are exposed to a wide range of views, whether fair or unfair . (Cole,
Juan 2005) Balance for many conservatives has become code for monitoring pedagogical exchange, matched by a call for government intervention.
Balance in the current attack on higher education is used as a rhetorical tool by right wing conservatives and Christian evangelicals whose worldviews are
dominated by fixed dualisms and an ideological rigidity that resents questioning; it is more intent on censoring unpopular views than engaging them. In
critical thinking, and vanquish a cast of diabolical enemies, conveniently lumped together as radical and un-American. It is diffi cult to
understand what positive function the call to intellectual diversity and balance can have when its interlocutors presume that liberal academics are to be
equated with an evil menace. to be equated with an evil menace.
consumerism or the dictates of the national security state and develop the
language and skills necessary to defend those institutions and social relations that are
Increasingly, as universities are shaped by an audit culture, the call to be objective and impartial, whatever one's intentions, can easily echo what George
Orwell called the official truth or the establishment point of view. Lacking a self-consciously democratic political
focus, teachers are often reduced, or reduce themselves, to the role of a technician or functionary
engaged in formalistic rituals, unconcerned with the disturbing and urgent problems that confront the larger society
democracy itself. In order for critical pedagogy, dialogue and thought to have real effects, they must
advocate that all citizens, old and young, are equally entitled, if not equally empowered, to shape the society in which
they live. This is a commitment we heard articulated by the brave students who fought tuition hikes and the destruction of civil liberties and social provisions in Quebec and to a lesser degree in the
Occupy Wall Street movement. If educators are to function as public intellectuals , they need to
listen to young people who are producing a new language in order to talk about inequality and power relations, attempting to create alternative democratic public spaces, rethinking the very nature
of politics, and asking serious questions about what democracy is and why it no longer exists in many neoliberal societies. These young people who are protesting
the 1% recognize that they have been written out of the discourses of justice, equality and democracy and are not only resisting how
neoliberalism has made them expendable, they are arguing for a collective future very different from the one that is on display in the
current political and economic systems in which they feel trapped. These brave youth are insisting that the relationship between knowledge and power can be emancipatory, that their histories and experiences
matter, and that what they say and do counts in their struggle to unlearn dominating privileges, productively reconstruct their relations with others, and transform, when necessary, the world around them