query: Defamation  While South African Law does allow for freedom of speech, and the constitution is one of the most liberal in the world for protecting such freedoms, it must be measured against the need for responsibility in the use of such freedoms to prevent offence.  Whatever one believes about ‘The Spear’ it is clear that Murray attacked President Zuma based upon his personal life rather than any critique of policy. The depiction of the President with his penis exposed is a reminder of the accusations of rape against him, of which he was acquitted in 2007.  To remind those who view the painting of the accusation is to hint at Zuma’s guilt in the case despite it being proved otherwise in a court of law. This is effectively libel and as such defames Zuma’s character. As such, Zuma was right to sue for defamation and it was right for the artwork to be removed as it implied and spread a falsehood in the public domain that is damaging to Zuma.

positive: reputation and defamation house believes spear should have remained Jacob Zuma had a right to sue, which he made use of before dropping his claim for defamation. However, for his supporters inside and outside the ANC to attack The Goodman Gallery, City Press and Brett Murray personally is irresponsible and stifles debate over the credibility of Jacob Zuma for the office of President. Zuma has done controversial things before and during his time in office that are worthy of criticism and ‘The Spear’ amongst the rest of the exhibition reflects this. No one should be above criticism, especially if their actions will have an impact upon many people.

negative: The law is contrary to the constitution  Chapter 4 of the Ugandan constitution recognises fundamental rights and freedoms of the individual as inherent and not granted by the State. The constitution states; All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law; Without prejudice, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability[1]. It defines “discriminate" as giving different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.  The government has acted contrary to their own law, with President Museveni remarking that what homosexuals do is disgusting, un African and had no place in his country[2] and MP David Bahati, asserting that homosexuals do not deserve to be treated as humans. Breaching such a law while relying on such logical fallacies is a sign of how the government failed on human rights.  [1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org,   [2] Mark Duell & Leon Watson, 'Gay people are unnatural and disgusting', says Ugandan president as he signs bill punishing homosexual sex with life in jail’, dailymail.co.uk, 24 February 2014,

negative: It should first be observed that accidents and inadvertent harm can befall S&M practitioners irrespective of the level of caution that they exercise. It is unacceptable to require responsible adults to run the risk of prosecution whenever they engage in a consensual act of sexual expression.  Further, relationships, even sadomasochistic relationships, can break down and become acrimonious. There is a risk that an embittered partner who formerly consented to prohibited S&M activity might try to use that fact to blackmail or persecute his or her ex-lover.  The opposition state that the freedom to dissent from laws regulating one’s private conduct begins to break down when the number of people engaging in a “private” activity grows. Why should the freedom to engage in a particular sexual activity imply a trade off against the freedom to choose how many people we engage in that activity with? Interacting with multiple sexual partners is not, in itself, illegal in the majority of western liberal states, but it does not exclude other sexual fetishes, such as S&M. The opposition is disguising a further limitation on sexual freedom- the freedom to engage in group S&M- as a concession to liberalism.  Finally, the awareness that a particular activity is proscribed can affect an individual’s ability to enjoy that activity. The pleasure inherent in free expression of sexual identity is compromised by the knowledge that discovery will lead to prosecution and stigmatization. As numerous accounts by those involved in the LGBT liberation movement have demonstrated, knowing that one’s sexuality is seen as something immoral and socially destructive is inhibiting and upsetting, even in private contexts.

negative: The values of the United States are what should be protected, not the flag. One of those values is the upholding of freedom of speech and expression. The right to express ones views and opinions must be held inviolable to an extent. While there is a case for defamation and hate speech laws because they have a very real and direct impact on people, the flag is only important insofar as people ascribe meaning to it. It is foolish to make illegal a view contrary to the mainstream that may not value the flag so highly.

negative: Of course people need to be held to account and in some cases the publication of the private affairs of public figures can be justified. However, on the whole, most reporting into the private lives of public figures is simply gossip which the public has no need to know and is holding no-one to account. Instead it is often simply being used to sell media products. There are hundreds of examples which could be cited of such intrusion, often involving actors/actresses and models which offer no real justification at all as to why they were printed. Printing stories about celebrities on holiday for example is not holding them to account or benefiting society in an actively positive way.  This can also extend to those in more traditional power roles. Is it in the public interest to know all the details about the private lives of politicians and CEOs if what is being reported does not have a direct effect on their role? For example Max Mosley, the now ex-president of the Fédération Internationale de l'Automobile (FIA), a group which not only represents the interests of motoring organizations but is also the governing body for Formula One, was exposed in 2008 by the now defunct News of the World newspaper as being involved in a sadomasochistic sex act which involved several female prostitutes. The reporting of this was unnecessary as the event did not have a direct effect on his running of the FIA and was therefore not in the public interest. Mosley took the case to the UK High Court claiming infringement of his private life and the court found in his favor. [1]  [1] BBC (2008) Mosley Wins Court Case Over Orgy. [online] [accessed 14th July 2011]

negative: It would seem to undermine democracy to allow a president accused of violence during an election to continue to serve. Elections are only one part of a democracy; another is a functioning and respected rule of law. When the president has charges to answer he should stand down, at least temporarily. It is wrong to assume that someone who is elected as representative should have some form of immunity and that outside forces should not be able to investigate him; a president has a lot of power to repress minorities. That repression being supported by a democratic minority does not make it any less wrong. Moreover Kenyatta was elected with 50.07% of the vote, not an overwhelming endorsement. [1]  [1] Gatehouse, Gabriel, ‘Kenya Supreme Court upholds Uhuru Kenyatta election win’, BBC News, 30 March 2013,

negative: The state owes a duty of protection to victims, victims’ families, and those accused of committing crimes  Victims of violent crimes and their families face an emotional and vulnerable time in the wake of such crimes. People need time to recover, or mourn. The media’s fixation on violent crimes subjects these vulnerable people to the assault of reporters. In fact, there exists a perverse incentive for the media to badger families until they break down, as tears sell. Such exploitation must be stopped, and the best way to do that is to deny the media the ability to report on such things. The media does not care about hurting feelings, and bad behavior on the part of reporters never hurts readership of media outlets, as is indicative of such tabloids as the National Enquirer. Outlets can always deflect any backlash that might occur for their excesses by cutting loose “rogue reporters”.  Furthermore, families and victims usually do not want the media's, and the nation’s eyes upon them. Rather they tend to seek support from family and community, not the faceless masses. [1] People generally want to mourn in their own way. They may not want to become part of a media-driven narrative, and certainly not to become symbols for a new social crusade to reform communities. Removing violent reporting removes these perverse incentives to irritate victims and families, and instead leads to more respectful and considerate treatment.  As for those accused of crimes, it can be hard for someone acquitted after a trial or accusation to get on with life. Some people may find themselves roundly accused by the media and public, even portrayed as monster, making it very hard to move on, even when their names are officially cleared. This is completely contrary to how the legal system should function, where acquittal is meant to deliver absolution. Allowing the media to construct narratives of guilt in the absence of evidence undermines the very fabric of justice. The media’s incessant coverage of violent crimes and its alacrity to make accusations and jump to conclusions can destroy someone’s life, more than even having to stand trial does. Justice must prevail and be fair to those to whom it judges in court, and this can only be done by not allowing the media to turn the mob against people even after their names are cleared.  [1] Canadian Resource Centre for Victims of Crime. “Victims and the Media”. 2011,

negative: The First Amendment to the Constitution, which protects freedom of speech and expression, does not extend to particularly inflammatory types of speech and expression, which includes flag burning  Freedom of speech and expression is an important right, which is why it is listed first in the Bill of Rights; it is central to a fair and free democracy. However, it has limits. Some forms of speech are contrary to the values of democracy, namely when they infringe upon or violate the ability of others to enact their own rights and freedoms. This is why such things as incitement to hatred, other violence-promoting speech, as well as defamation and perjury are legislated against; they are expressions that infringe the rights of others, by causing fear and increasing risk of harm in case of hate speech, and by harming reputations and the effective administration of justice in terms of defamation and perjury respectively. Rights stop where harm to others begins. In the case of flag burning, as the dissenting opinion of Justice William Rehnquist on the issue says, the act is an extremely visceral one, and is often perceived as a direct attack on the core values of America itself, which many consider to be representative of those values, leading to feelings of anger and violation1. It is an infringement of these offended people's rights when flags are allowed to be burned.  1Goldstein, Robert. 2000. Flag Burning and Free Speech: The Case of Texas v. Johnson. Lawrence: University Press of Kansas.

negative: People have a right to blaspheme  In the laws that come the closest in framework to blasphemy – libel, slander defamation and a range of incitement laws – there is a requirement to prove harm. This level of proof is not set at the level of being offended or believing that a problem may ensue, and certainly not at the level of just disagreeing with a statement. If there is no proof of harm then the principle of free speech stands, usually termed as a ‘justifiable comment’ in defamation defences. It is entirely possible to respect the rights of others to hold an opinion and, as in this case, disagree with that opinion [i] .  For anything other than that as the only logical basis for discussing blasphemy, it would be necessary to demonstrate a causal link to actual or probable harm – usually this proof requires either financial or physical harm to be involved [ii] .  In the case of blasphemy, such harm cannot be demonstrated. There is also an interesting point of whether God can be said to have been harmed and whether it is possible for a third party, other than the state, to act as a result of harm having been caused to another.  As a result, since harm cannot be proven and neither, in most cases, as we have seen in the previous argument, can intent be proven, it is difficult to see how blasphemy is anything other than free speech. It is far easier for other social groups – sexual and political minorities, people of disabilities and others – to prove both harm and intent of statements and actions but lack the legal protection given to religious organisations through blasphemy laws.  [i] See principle seven of the Free Speech Debate principles .  [ii] Wikipedia. Defamation.

negative: Freedom of Speech is but one right amongst many, including freedom of religion, and they are not intrinsically ranked against each other. The right of people to have and hold religious views without having those views demonised or insulted is a right that might easily be considered just as important.  Moreover the West is often hypocritical with how it defines the right to free speech – Western countries often restrict incitement to violence or speech which is insulting to individuals, or even just when that speech is against the national interest (such as with official secrets).  If it is legitimate to use state institutions such as the courts to protect individuals from insults, why is it illegitimate to use state institutions to protect religions from insults?

negative: reputation and defamation house believes spear should have remained Racialised Opposition  Some critics of ‘The Spear’ have criticised the artwork on the grounds that it ‘dehumanises’ black people in general [1] and President Zuma in particular and criticises him based upon his personal life rather than policy, using vulgar means to do it. This line of opposition is part of a dog-whistle tactic that the ANC has consistently used against white critics of its government in the past. [2]  ANC criticisms of its white critics, including the opposition Democratic Alliance have made discreet reference to the injustices of the past as a means of creating distrust in the minds of poor, black voters who maintain ANC support as a result. Some politicians within the ANC, most notably the former President of its youth wing Julius Malema, have made incendiary statements that could be seen to stoke up hatred against whites.  It is against this back drop that the double standards over criticism of Murray should be viewed. Murray, a white artist, has been criticised roundly for ‘The Spear’, while black artists have created works that could be seen to denigrate President Zuma in a similar manner to ‘The Spear’. A noticeable example is ‘Ngcono ihlwempu kunesibhanxo sesityebi’ (Better a fool than a rich man’s nonsense) by Ayanda Mabulu, that carried a much more graphic depiction of the President and other leading politicians of the past and present with barely a murmur raised. [3]  By bowing to the pressure exerted by the ANC and its followers, the Goodman Gallery and City Press have bowed to pressure, denying criticism of the government and accepting the implied view that White South Africans are unable to criticise the government without seeking to re-assert any forms of superiority that had existed under Apartheid. Whilst there may still be underlying problems of Far-Right activity in South Africa, to smear anyone who criticises the government based on their race does nothing to help move the country on from autocracy and institutionalised racism. The Goodman Gallery and City Press should have stood by displaying the image as it represented the opinion of Brett Murray, free from intimidation or race based slander.  [1] Dana, Simphiwe, ‘The 'Sarah Baartmanisation' of the black body’, Mail & Guardian, 12 June 2012,   [2] Hlongwane, Sipho, ‘The ANC's best friend: Brett Murray & The Spear’, Amandla,   [3] Ndlovu, Andile, ‘'Spear' sparks hot Twitter debate’, Times Live, 23 May 2012,

negative: Hate crime enhancements are an attack on free speech  Hate crimes are crimes that are based on an idea that the perpetrator had prior to the crime. The crime itself is no different from any other crime except that it is punished more harshly. Why is this so? Because we are punishing an idea. All forms of violent crime, whether they are murders, rapes, or beatings are an expression of hatred toward another human being.  To add more punishment to a crime because it represents a particular kind of hate (an idea) is to unfairly distinguish between different violent acts and trivialize those violent acts that do not appear to be motivated by prejudice hate. This is unjust because the idea itself does not cause harm, and is in fact legal in most cases (with the exception of direct incitement to violence), as racist or prejudiced statements and ideas are not illegal in most western liberal democracies.  We allow extreme and prejudiced ideas to be legal because we recognise the value of free speech and open discourse in debating and discussing ideas, so as to best allow for progress in human thought. Hate crime enhancements constitute an attack on this as they make an individual liable for harsher punishments for his actions if he holds certain views, and thus the law unfairly discriminates against these particular viewpoints and not against others, and so hate crime enhancements are unjust.

negative: Something can be an appendage to a right. But it does not mean the government has an obligation to afford it the same protections as the right itself. Effective communication of political ideals also requires access to airways, printing presses, campaign staff, etc. But the government has no obligation to treat access to these as a Constitutional, inviolable right, on par with one’s freedom to say what she pleases.  An expression of an opinion is protected strictly by the letter of the law. However, the Citizen's United decision effectively expands this protection to two new entities: 1) non-person and 2) act of spending. Rather than reinterpreting current legislation that protects free speech, new laws ought to be created seeking to protect these two entities from committing to political expressions. And, this has to be exercised through the legislative branch rather than judicial.  With the Citizen's United decision, the judicial branch is effectively writing new legislation that is 1) recognizing corporate entities to have same political expression rights as citizens/individuals and 2) redefining the act of spending to be the same as an expression of an opinion as well as an act of demonstrating an expression of an opinion.

negative: law general house would place cameras courtrooms televise court cases Invoking public reaction can damage the lives of those concerned in the court case.  Proposition may well argue that televising court cases gains a sense of ‘sympathy’ and justice for the victims of the case. However, this is double-edged. Firstly, particularly emotive and controversial court cases concerning crimes such as sexual assault could blind the public (or ‘audience’) to any untruthfulness from the ‘victim’, by virtue of being perceived as vulnerable and wronged. Secondly, any sympathy which is gained for one person often arises out of increased hatred or outrage against another – namely the defendant. This could lead to public condemnation of an individual who is never actually convicted of a crime; they will be exposed to public reaction that might be wholly unjustified if he is subsequently acquitted. One example of this is when Milly Dowler’s father was questioned in court as a suspect of his daughter’s death and his personal, pornographic magazines were used as evidence against him [1] . Although he was completely innocent, the prosecution’s job was to explore any possibility of perversion or dangerous character. This is an infringement upon that individual’s rights, as being publicly portrayed as a villain could go on to affect their future private life, such as their chances of future employment or anonymity.  [1]  , accessed 19/08/11

negative: The right to free speech is not a license to express any opinion regardless of the context. It’s equivalent of standing in a Museum and shouting, “Fire”. It is in these environments that caution is required.  Allowing free speech is one thing, allowing speech likely to cause harm is another is quite a different. There is a crucial difference between public and private space. Where offensive remarks are made in the public space then the blasphemer has knowingly put themselves and others in danger and - citing such principals as civic responsibility and the social contract, governments would have both a responsibility and a duty to use their legal powers.

negative: Blasphemy a free expression  Blasphemy cannot be shielded by the rationale which is used to defend freedom of speech. Blasphemy constitutes an attack on the religion it is targeted at. Beyond its ability to shock and offend, blasphemy exposes religious believers to ridicule, and perpetuates lies and falsehoods about their faith. Moreover, blasphemy also drives conflict and exclusion within particular faiths, deepening schismatic divisions and encouraging believers to become more hostile to those who do not share their religion.  Blasphemy occupies a distinctly different position in public debate and discussion than civil, respectful discourse about religion. The forms of blasphemy law that were maintained in the legal systems of western liberal democracies throughout the twentieth century criminalised only the most extreme and intentionally provocative forms of religious expression – images of religious figures involved in humiliating or sexualised scenarios; statements about a religion that amounted to hate speech; and words that were intended to mislead and deceive the naïve, credulous or doubting. The English blasphemy case of R v Boulter drew on the conclusions of the sixth report of the commissioners on criminal law, which had observed that a criminal charge could only arise when “irreligion” took the form of an “insult to God and man”. The judge in the case remarked that “if the decencies of controversy are observed, even the fundamentals of religion may be attacked with tout the writer being guilty of blasphemy.”  Ruling in the case of Whitehouse v Lemon, heard in 1977, a senior English judge remarked that blasphemous libel, although thought to have fallen into disuse and irrelevance remained useful in safeguarding “the internal tranquillity of the kingdom.” This principle appears to be an antecedent to the public order justification for hate speech legislation – speech that spurs people to commit violent or disruptive acts should be curtailed to protect public safety. That case restated the idea that “It is not blasphemous to speak or publish opinions hostile to the Christian religion, or to deny the existence of God, if the publication is couched in decent in temperate language.”  This is the sense in which the proposition side will discuss the term “blasphemous”. The proposition side does not intend to limit free speech, but has every intention of ensuring that free speech is not undermined or delegitimised by allowing the unobstructed broadcasting of hateful and provocative statements. We protect freedom of speech in our society not as a good in and of itself, but because through debate of even the most improbable propositions, socially valuable ideas may emerge and concerns that might otherwise be hidden can be expressed. By contrast, language aimed solely at offense has no redeeming value and does not contribute to any wider exchange of ideas and concerns. Blasphemy does not appeal to reason, and by being directly exclusionary and offensive, it limits that ability of believers and non-believers to engage in structured debate.

negative: arts science censorship ip digital freedoms access knowledge house believes all Artists have a fundamental property right over their creative output  Whatever the end product, be it music, film, sculpture, or painting, artistic works are the creations of individuals and a property right inheres within them belonging to their creators. An idea is just an idea so long as it remains locked in someone’s mind or is left as an unfinished sketch, etc. But when the art is allowed to bloom in full, it is due to the artist and the artist only. The obsession, the time, the raw talent needed to truly create art is an incredible business, requiring huge investment in energy, time, and effort. It is a matter of the most basic, and one would have hoped self-evident, principle that the person who sacrificed so much to bring forth a piece of art should retain all the rights to it and in particular have the right to profit from it. [1] To argue otherwise would be to condone outright theft. The ethereal work of the artist is every bit as real as the hard work of a machine. Mandating that all forms of art be released under a creative commons license is an absolute slap in the face to artists and to the artistic endeavour as a whole. It implies that somehow the work is not entirely the artist’s own, that because it is art it is somehow so different as to be worthy of being shunted into the public sphere without the real consent of the artist. This is a gross robbing of the artist’s right over his or her own work. If property rights are to have any meaning, they must have a universal protection. This policy represents a fundamental erosion of the right to property, and attacks one sector of productive life that is essential for the giving of colour to the human experience. This policy serves only to devalue that contribution.  [1] Greenberg, M. “Reason or Madness: A Defense of Copyright’s Growing Pains”. John Marshall Review of Intellectual Property Law. 2007.

negative: A modern liberal state’s duty is to pursue policies and promote values that will have a real and lasting impact on its citizen’s lives. The resolution is such a policy. The opposition’s argument has been tried and failed; in the US, ‘increasing punitive measures have failed to reduce criminal recidivism and instead have led to a rapidly growing correctional system that has strained government budgets’ [i] .  Pandering to populist thinking in the name of maintaining confidence in a particular government is a short-term strategy. It is an approach designed to win elections rather than bring about social change. The most effective way for a government to fulfil its obligation to protect its citizens is to reduce deviance effectively and efficiently, even if that change has to come at the expense of political capital.  The penal system operating under the status quo brutalises individuals and entrenches criminality in communities in the name of law and order.  [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 39

negative: Realpolitik is not a reason to compromise our ideals. Comments and artworks about “explosive situations” are a fundamental part of free expression. Opposition seems to be labouring under the misapprehension that free-expression is okay, so long as nobody minds. If nobody objects to it, there’s no need to have a right to do it. In short we wither accept freedom of expression or not; if there is freedom of expression then we must be consistent and defend the freedom for everyone.

negative: bate media and good government international africa house believes limited Authoritarian leadership  President Kagame though considered a visionary leader has made Rwanda a country based on one man’s ideas. He has silenced critics, opposition and any counter arguments that may not support his opinions through tough rules imposed against the media and free speech. This sparked misunderstandings within the government forcing 4 four high rank officials in exile, one, an ex-intelligence chief was recently murdered in South Africa[1].  Rwanda is essentially a hard-line, one-party, secretive police state with a façade of democracy[2]. To avoid future conflict and government break down Kagame needs to convene a genuine, inclusive, unconditional and comprehensive national dialogue with the aim of preparing and strengthening the country’s future progress.  The fact that most Rwandans still want him to run for re-election after his two terms in 2017 shows how much he has controlled people to believe he is the only potential leader in a country of more than 11 million citizens. If Rwanda is to have a stable future democracy it needs to be recognised that the opposition are patriots too and should be entitled to freedom of speech and press to give them an opportunity to share their views on how the country can be improved. For democracy in Rwanda to progress the country needs to accept the idea of freedom of speech and a ‘loyal opposition’.[3]  [1] Aljazeera Africa news, ‘Rwandan ex-spy chief found dead in S Africa’, Aljazeera.com, 2 January 2014  [2] Kenzer, Stephen, ‘Kagame's authoritarian turn risks Rwanda's future’, thegurdian.com, 27 January 2011  [3] Fisher, Julie, ‘Emerging Voices: Julie Fisher on Democratization NGOs and Loyal Opposition’, CFR, 13 March 2013

negative: Many of these so-called “stunts” may actually be legitimate accusations that deserve to be heard in a court. If an accusation is unfounded, charges will not be brought (or not confirmed at the ICC, for example), or a verdict of not guilty returned.  Just because a person is high profile does not mean that they are innocent of wrongdoing. In the Livni case she as Foreign Minister may have been the wrong target. A more appropriate one would be the Defense minister or Prime Minister but it is understandable that there should be an effort to make ministers accountable for military actions they initiate.

negative: Free expression and journalistic integrity  Publishing the cartoons was not only an important expression of press freedom, but fulfils the fundamental journalistic mission of exposing the public to important information, by forcing the examination of topics that would otherwise go unexamined. Self-censorship in Islam is an important issue that deserves consideration by a democratic public. There is a clear norm that causes Islam and Muhammad to be treated differently in the Western press than the Christian or Jewish faiths or their leading figures, and the editors felt it was important to violate that norm as a demonstration of a social phenomenon. [i] They were well within their rights to do so, and this furthered legitimate discourse about religion within Denmark and the West. It should also be remembered that demonization of Israel and the West using Christian and Jewish figures is not uncommon in the Islamic press – this is therefore a pernicious double standard. [ii]  Ultimately, the reaction by Muslims was unfortunate, but itself indicated the ways in which Islamic religious depictions in the press differ from their Christian and Jewish counterparts. Christian and Jewish groups have not responded with violence (though they have also sometimes staged protests), and where incidents have taken place, they were isolated and nowhere near the scale of the cartoons controversy.  [i] ‘Q&A: The Muhammad cartoons row’, BBC News, 7 February 2006,   [ii] ‘Q&A: The Muhammad cartoons row’, BBC News, 7 February 2006,

negative: The ethical implications of paternalism are that the government is taking away personal freedoms because the government presumes that it “knows best” for the population. Paternalism inherently assumes that individuals cannot be trusted to make its own decisions. Personal freedom, however, is a cornerstone of the United States; The Constitution and the Bill of Rights guarantee individual’s freedoms, limit the role of government, and reserve power to the people. [1] A competent person’s freedoms should never be infringed upon, even for that person’s own good. John Stuart Mill wrote, “. . . the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right.... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is of right, absolute, over himself. Over his own body-mind, the individual is sovereign”. [2] The paternalistic policies cited by the proposition that apparently set a precedent for this ban on soda are not good comparisons. Smoking bans for example are paternalistic in nature yet are morally acceptable because smoking not only harms the person but also those surrounding the smoker through passive smoking. Henry David Thoreau was quoted in saying "[If] . . . a man was coming to my house with the conscious design of doing me good, I should run for my life". [3] No government can be sure that their policies are what are universally right for its people; this should be left for the individual to decide.  [1] McAffee, Thomas B., and Bybee, Jay S., ‘Powers reserved for the people and the states: a history of the Ninth and Tenth Amendments’, Praeger Publishers, Westport, 2006, P.2  [2] Mill, John Stuart, On Liberty, 1859.  [3] Andre, Claire, and Velasquez, Manuel, ‘For Your Own Good’, Issues in Ethics, Vol.4, No.2, Fall 1991.

negative: Freedom of speech should apply to teachers as much as anyone else  Freedom of speech and expression are protected by the first amendment to the US constitution [1] and teachers are entitled to freedom of speech and their academic freedom as much as anyone else. If a science teacher does not believe that the evidence supports evolution then why should s/he have to teach evolution as fact rather than just as one of several competing theories? The Tennessee bill protects freedom of expression by freeing teachers to include whatever other angles on controversies such as evolution or climate change as they wish.  [1] Legal Information Institute, ‘First Amendment: An overview’, Cornell University Law School, 19 August 2010,

negative: Freedom from government intrusion  One of the most important pillars on which every single western liberal democracy has been founded is freedom. Allowing the government to be able to track and monitor individuals through mobile or internet connections is against everything we, as a western society, stand for.  First of all, it is undisputable that liberty and freedom are indispensable to our society. Every single individual should and must be the master of his own life, he should have the capacity of controlling how much the government or other individuals know about him, the right to private life being the main argument in this dispute.  Secondly, it is clear that phone and internet tracking potentially allow the government to know almost everything about you. Most phones have a GPS incorporated and a lot can be deduced about ones habits by the photos or updates on his social network profile. One who knows all of another’s travels, can deduce whether he is a weekly church goer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups, basically about every activity you have in your life. Remember this data is extremely precise, as your cell phone sends your location back to cell phone towers every seven seconds—whether you are using your phone or not—potentially giving the authorities a virtual map of where you are 24/7.  Finally, we, as individuals, created this artificial structure, i.e the state, to protect our human rights, but also to protect us from each other. We admitted that some rights can be taken away if there is serious concern about the security of other people. Therefore, it is absolutely normal to allow the government to track and follow certain individuals who are believed to have taken part in criminal activities, but there is no ground on which you can violate the right to privacy of a law-abiding citizen, especially if we are talking about such an intrusive policy. If we did so, it would come as a direct contradiction with the very purpose the state was created.

negative: Simple ‘disrespect’ is not sufficient reason to limit freedom of speech and freedom of academic enquiry. Those who find it disrespectful need not watch or read that which is written that they find disrespectful but more importantly they should be open minded enough to be able to reconsider their previous views. No matter the subject if it has strongly held views about it then holding up a different prism to that subject is going to be considered disrespectful as it is challenging those deeply held beliefs. Yet if we can’t challenge and test those beliefs then there is no opportunity for change and progress. Ultimately then preventing inquiry due to ‘disrespect’ holds back societies development.

negative: Religious freedom does not allow for the right to harm others  Nobody is questioning the rights of adults to take actions in accordance with their faith, even when these may cause them some personal harm. Their beliefs may well lead them to conclusions that others might consider reckless but that is their concern. However, when those actions impact others in society, it is a matter for social concern and, frequently, the intervention of the law. If that harm is caused to those who cannot resist or who are incapable of responding, intervention is required. The law explicitly includes children in this category. We do not, for example, allow religious practices such as sacrifice or torture in pursuit of a religious end, however religiously convicted the parents might be. The case of Kristy Bamu, murdered by his parents, practitioners of voodoo, in the belief he was a witch, is just one such example [i] .  We expect the legal and medical professions to accord particular protection to children against the actions of others that could harm them including, in extremis, their parents. It is difficult to see what could be a more flagrant example of possible harm than allowing your child to die when an available remedy could save their life.  [i] Sue Reid. "Britain's voodoo killers: This week a minister warned of a wave of child abuse and killings linked to witchcraft. Alarmist? This investigation suggests otherwise." Daily Mail , 17 August 2012.

negative: There is no such thing as a ‘presumption in favour of publication’. Publishers don’t publish books all the time – and absolutely nobody cries free speech. Proposition have said it themselves, the arguments aren’t persuasive. However, having it published at all would have given the work a degree of credibility it doesn’t deserve, having it published with the authority of the state will redouble that. Many of the neo-Nazis who see it as iconic would, in all probability, never have got as far as actually reading the book – let alone any commentary – but they will see a book written by Hitler from the print of the state of Bavaria.

negative: There is press freedom, and there is good taste. Simply because some things are permitted in a democratic society, is not an argument for why they should be done. It would have been similarly distasteful if the newspaper had posted cartoons of Jews in concentration camps under gas showers, for instance. Where there are multiple ways to make a point, one must seek to convey one’s message in a manner that is least likely to gratuitously offend others. The editors of the newspaper were simply seeking to cause controversy and garner attention.

negative: It matters if celebrities have double standards when they present themselves as being whiter than white. Equally, as Prop points out, there are already laws on defamation, libel, slander, defamation, trespass and surveillance. It is difficult to see what the register would add to these. One of the points that Leveson has routinely ignored is that all of the issues that prompted the inquiry are already illegal; hence the arrest of the journalists and executives involved [i] .  [i] BBCwebsite. Journalist arrested in computer hacking probe. 29 August 2012.

negative: We should defend children’s freedom of expression.  The freedom of sexual expression (and exploration) is not only a matter of choice which is fundamental to the individual – it is also particularly important to young people as they proceed through the stage of adolescence into young adulthood. Age of consent laws place artificial limits on this freedom. Sex is entirely natural and should be celebrated in the context of loving relationships, not criminalised and put under the prying eye of an authoritarian state. Violence, coercion and exploitation in sexual relationships should still be punished, but not consensual activity. Such restrictions go against the human rights to privacy and of freedom of expression.  The concept that young people do not know what they are doing is flawed, because every person who has gone through sexual development has learnt by doing. There is no process of suddenly coming into full knowledge without acting and exploration. Such exploration would be more safely done in an environment that doesn't criminalize it. Such criminalization can actaully lead to the very harm that the law ostensibly seeks to avoid, coercion and exploitation, for it is people who are naturally more inclined to coercion and exploitation that will disregard the law anyway. This feeds the lambs to the wolves.

negative: It is wrong that obnoxious and hateful views should be given an airing and individuals left to their own devices to decide if those views are right or wrong. Accepting that these views can be voiced on campus and opponents of these views can make their own case implies that these views have equal standing; which is not the case, while there may be freedom of speech there is not freedom to hurt one and other. It is wrong to suggest that hateful ideas will spread faster if banned as if they are not banned those who are preaching such ideas have greater access to others so have more opportunity to persuade

negative: Where should the line between sadomasochistc and “conventional” sexual activity be drawn? The English appeal case of R v Slingsby [i] concerned the accidental death of an individual who had consented to an inherently risky sexual act (the insertion of her partner’s fist into her anus) that was considered “vigorous” but not masochistic. As noted above, conventional sexual interaction is just as susceptible to subversion as S&M encounters, and can just as easily collapse into a non-consensual act.  In effect, “normal” sexual expression is as difficult to regulate, and as likely to incorporate violence (or “vigorous activity” as the judge in Slingsby would have it) and to cause harm, as sadomasochism. Society at large does not demand that all private sexual activity is as tightly regulated as professional sport, nor does it attempt to outlaw sexual activity. Instead, it is acknowledged that personal freedom outweighs the occasional harms that private sexual relationships produce. Existing legal safeguards are seen as providing victims of abusive conventional relationships with adequate protection and recompense.  Indeed, the dangers that accompany conventional sex may be less obvious to the participants in a relationship than the dangers posed by a poorly tied knot or an inexpertly wielded crop. Sexually transmitted infections, concealed personality disorders, infidelity or jealous former partners all constitute significant and easily overlooked sources of harm.  [i] R v Slingsby [1995] Crim LR 570


query: Changes negative perceptions of university life  Affirmative action is required to change negative perceptions of university life. In the status quo, many talented potential students are put off applying for top universities (or university at all) because of their negative perceptions of elite institutions. This perception exists in part because of the makeup of the student population – black high school students may see a university filled overwhelmingly with white lecturers and students as not being a welcoming environment for them, and may even perceive it as racist. [1] The only way to overcome this unfortunate stereotype of university is to change the student population, but this is impossible to do ‘organically’ while so few people from minority backgrounds apply. Therefore, it is necessary to use quotas and other forms of affirmative action, to change the student body in the short term, and encourage applications from more disadvantaged students in the long term.  [1] Ancis, J.R. “Student perceptions of campus cultural climate by race”. Journal of Counselling and Development. Spring 2000.

positive: niversity philosophy political philosophy minorities house would use positive Positive discrimination will increase negative perceptions of university. Far from changing attitudes about campus life among disadvantaged groups, positive discrimination is likely to be seen as patronising, belittling of the achievements of ethnic minorities and the working class, and serve to reinforce negative stereotypes15. By making the statement that disadvantaged groups are so far behind the rest that they need discrimination in their favour and quotas, universities will alienate themselves from the group they are seeking to help, and will come over as elitist. Survey evidence suggests that affirmative action is usually opposed by the target group, affirming the view that people wish to achieve things for themselves, without being given a ‘leg-up’ by the state. Moreover, positive discrimination devalues the achievements of those who would have been accepted into university even without the assistance, and these people are likely to be deterred from applying.

negative: ucation secondary university philosophy religion minorities house believes use Affirmative action creates bad workplaces for all minorities  Affirmative action creates a negative workplaces for all minorities whose group receives affirmative action support.  The existence of affirmative action creates a de-facto assumption that anyone of that particular minority must have gotten where they are not on their own merit, but simply because they are that particular minority. This causes people to resent the minority group for getting for “free” what people feel they had to work hard for. This furthers the perception of the minority as being inferior, and removes their capacity to be treated as an equal in the workplace and prove themselves.  This assumption is not only harmful to those minorities who did receive assistance from affirmative action, but also anyone of that minority group regardless of if they were hired using affirmative action because there is simply an assumption that they are less qualified and there because of the policy because the policy exists.  Therefore, affirmative action creates an assumption that minorities in the workplace are less qualified and inherently inferior to the other workers due to the affirmative action policy causing resentment and deepening inequality, not helping eradicate it.

negative: If more diversity is necessary, then governments can change the way in which they fund universities, perhaps by giving a proportion of funding based on student numbers.  However, for the large part so-called "increased diversity" would not constitute improvements on the quality of academic education, but rather gimmicks to make a university look more attractive to the young people who apply – there are incentives to make the university popular to sixth-form applicants, not to existing undergraduates.

negative: Everyone gains something from university, whether quantifiable or not. Simply getting out in to the world and meeting more people – not just minorities and other social groups, but even a wider variety of people within your own social group – is an effective way to learn to think more broadly. Many university students live away from home for the first time, forcing them to do things for themselves and learn how things like personal finance work. It also allows them space to explore themselves and shape their own principles. Non-academic activities within university can also broaden horizons and teach new things such as joining student clubs or societies, such as the debating society. Although university may not be the only way of doing this, it has proven effective over the years, so it’s not true to say non-academic people get absolutely nothing from it.  Despite the problems associated with a degree culture, there are other problems with a non-academic culture. Academia creates things: products and inventions in the case of sciences, and thoughts or ideas in the case of humanities (and even though some people argue against government funding for humanities, almost no-one argues they should not be studied at all). Sustaining this creativity requires at least some new people entering the field, bringing their own insights and approaches. For this to happen, it has to be both respectable and accessible. A government policy against academic courses will cripple this and damage all of us.

negative: Allowing Hate Speech Discourages diversity  Members of groups that find themselves the targets of hate speech will be less likely to attend universities where they feel targeted. As a result, those campuses will become less diverse which will decrease the most effective deterrent of hateful ideas: understanding through interaction. Less Muslim, gay, Jewish, etc. students on campus is exactly what those promoting hatred are trying to achieve. Less students of the targeted group makes them easier to target because there are less people speaking out against the hate speech. A downward spiral is created that, if not checked, can drastically reduce campus diversity which is a massive harm to social integration and social harmony. Speech codes or other censorship sends a signal to minorities that they are welcome in the university. [1]  [1] Seaman, Julie, ‘Hate Speech and Identity Politics’, Florida State University Law Review, Vol. 36:99,  p.107

negative: Encouraging private universities will not increase the number of university places available. Instead they will skim off the students who can afford to pay, but who would be going to university anyway. This will leave remaining publicly funded universities having to pick up the strain, often with less money and just as many potential students without places.

negative: It is impossible to implement.  Students come from very different backgrounds and have very different skill-sets. This makes the attempt to define a measuring system that covers all cases a bureaucratic nightmare. Even if this succeeds, it is still very difficult to define what a 'good performance' is, because a student's individual performance is determined by many other factors than the teacher and also because an individual student's 'performance' is actually a complex set of attitudes, skills and abilities which are in and of themselves hard to operationalize in a standard test. And even if this succeeds, then the questions is how much of a student's performance is attributable to what specific teacher: oftentimes, at least in high school, students will have many different teachers, making it impossible to gauge what teacher was responsible for what test result.  Finally, it should be noted (per the argument included above) that merit based education does not encourage the dissemination and normalisation of best practice. A merit-based pay scheme is likely to collapse when too many of those who work under it meet its criteria for bonus payments, making it too expensive.  Once merit based pay becomes part of the structure of an institution, it will become hard to attract and retain staff if it is removed. Concurrently, performance at the same level will be expected by the public, although an institution may not be able to afford it. For the reasons stated above, good ideas are unlikely to be shared by teaching staff under a merit-based status quo, for fear that they may be giving away a competitive edge over their colleagues.  It might be better to raise standards in education by investing sustainably in improved training for teachers and improved facilities in schools, rather than creating an unsustainable merit-based reward system.

negative: teaching university house would abolish standardized tests university admission There is a degree of hypocrisy in arguing that the tests are classist and racist and then complaining that schools take too long in preparing students for them. Ideally the tests should be on relevant subjects that will be useful to the student and is needed as part of a well-rounded education that prepares the student for life, and if they are not they are flawed.  Many of the skills required for a successful performance on A-Levels or on the AP Essays are remarkably similar to those needed for University level written work. As a consequence it is wrong to argue they are of no relevance.

negative: teaching university house would abolish standardized tests university admission The objectivity of SATs does not matter to individual students, many of whom are discriminated against by the tests. Subjective factors can be comparative if students’ backgrounds are taken into account. By contrast, the SAT, by its very use and existence, legitimizes its results as an “objective” measure of ability and capacity, which in turn legitimizes schools in discriminating against the vast majority of poor students who do worse on the exam, even if it helps a few out on an individual level. It would be much better to offer preferences in admission to poorer students than to legitimize discrimination.  Subjective criteria can also be successful in determining how successful someone will be in university. In a 1972 study by psychologist Jonathan R. Warre it was found that “Motivation was the quality most frequently cited by over 3400 college teachers” when asked what it takes to succeed in college. [1] Motivation cannot be objectively measured.  [1] Elert, ‘The SAT Aptitude of Demographics?’, 1992

negative: university digital freedoms access knowledge universities should make all The vast majority of people who go to University are not doing so simply because they are interested in a subject and want to find out more. Instead they are after the qualification and improved job prospects university provides. Even those few who are in large part studying out of curiosity and interest will likely be doing so at university because they like the student life and want the experience.  However having courses and materials out in the open can even help universities with recruitment. Providing open access boosts a university’s reputation abroad which helps it in the international student market. Open access to academic work also helps give potential students a much better idea with what they will be studying which is very useful for students who are unsure where to choose. The benefits are obvious as shown by 35% of the Massachusetts Institute of Technology’s students choose the university after looking at its OpenCourseWare. [1]  [1] Daniel, Sir John, and Killion, David, “Are open educational resources the key to global economic growth?”, Guardian Professional, 4 July 2012,

negative: education general teaching university science computers phones internet house Online courses undermine society life of the university  University is not just a place for learning. A big part of student life is participating in societies and other activities, such as sports, debating, political, philosophical or other interest groups. These provide them with opportunity to explore their talents, do the things they like and also build connections that could be useful after the university. But you cannot do most of these things online as they, unlike studying, are not based on studying materials you can upload. This is why students with online courses would be deprived of these opportunities to develop themselves, build useful connections and get ideas for their further life. This is important for society too as students historically have often been an important political and social actor (e.g. see 1968 France, Athens Polytechnic uprising etc.).

negative: ployment tax education university house would fund provision higher education The prospect of life-long higher-tax status will in fact act as a deterrent to many weaker students who doubt their abilities to make a success of a university degree, or those from poorer backgrounds with no family tradition of higher education. Introducing a graduate tax will simply come across as penalizing those who want to go into higher education rather than encouraging it. The real key to improved access to higher education lies in both better secondary education, as at present many potentially able students are failed by poor schools and are unable to achieve the qualifications needed to go on to university and by providing more bursaries for those from disadvantaged backgrounds.

negative: It is unfair to reward extra achievements on top of the base level. To provide societal value from education, the base level of performance in education is already set very high. This means that even teachers who perform at base level are already working very hard to provide the societal value we require. Any difference above that already very high level is likely the result of luck and talent, both on the part of students and teachers themselves. Rewarding fortunate individuals for something they themselves didn't create is unjust and can only make other jealous.  Moreover, many students may enter the school system- at various stages- accompanied by a range of external advantages and disadvantages. A student’s home environment is a major influence on their ability to achieve when in the school environment. Although a teacher’s pastoral role is growing, there is little that they can do to address poor parenting, or to encourage the engaged, stimulating parenting that produces some of the most able pupils.

negative: Private Universities would risk reducing the quality of university degrees.  New private universities will not have a long standing reputation to keep up. They may not be as well regulated and they will have no social interest beyond simply getting money from their students. This means that they may well offer cheap and poor quality education in order to find a gap in the market. This could damage the reputation of other universities as Dr Paul Greatrix registrar of Nottingham University worries "If there are entrants who are on the extreme end of cheap and cheerful, this will damage our international reputation."1 In systems that are both private and state funded universities there is an immense divide between a few very good elite institutions that charge immense amounts and a much larger number of poorer quality universities. Take the US system, it is well known for its world class Ivy League universities. Its publicly funded universities however do much less well with only the University of Michigan near the top of the world rankings in 20th place. Of the state universities only those that do not face so much Ivy league competition over in California due to distance do well1. Having Private universities clearly creams off the best students and the funding leaving the public universities in a worse position lowering the overall quality of education.  1 Shepherd, Jessica, "What universities think of competing for their admissions." Guardian.co.uk, 28 June 2011. 2 Hotson, Howard, "Don't Look to the Ivy League." London Review of Books, Vol.33, No.10, 19 May 2011 .

negative: Universities cut across class and social divides in a unique way  University is a great equaliser. One positive side-effect of people going through university is that they are virtually guaranteed to interact with people who are different from them in all sorts of ways – including ethnicity, where minority groups are sometimes better represented than they are in the general population, [1] and international students account for 17% of the university population. [2] The more this mixing happens, the easier it is for people to be tolerant and sensitive to other people. While this isn’t necessarily a problem everywhere, there are still places where these divides cause tension and violence, so the fact that our policy helps to tackle this makes it good.  Vocational courses are rather less likely to be mixed. Certain careers are associated with certain groups, and people studying for that specific career will be drawn largely from that group. For example, the clients of an accountancy course and a construction course are not likely to overlap very much, if at all. Despite whatever merits vocational education may have, government policy is not just about education: it should take into account the wider social good, and so we should be on the side which produces a more tolerant society.  [1] Sellgren, Katherine’, ‘Rise in ethnic minority students at UK universities’, BBC News, 3 February 2010  [2] ‘International students in UK higher education: key statistics’, UK Council for International Student Affairs, 2011-12

negative: ployment tax education university house would fund provision higher education The alternatives to a graduate tax are worse: Full state funding encourages many without clear motivation or ability to enter university, leading to high dropout rates, while removing incentives to complete courses in a timely manner. The USA has a philanthropic culture absent in many other countries, meaning private colleges have large endowment funds offering a very large number of bursaries and scholarships to poorer students. Nonetheless, the individual states do fund universities and few students pay the full cost of their higher education. Elsewhere in the world the absence of state funding tends to limit access to university to the children of a prosperous elite. Even in the USA students from some ethnic minorities are much more reluctant to take on high levels of personal debt, and are therefore very underrepresented in higher education. The USA’s high level of personal bankruptcy is linked to the high levels of debt built up while at university. A graduate tax then can be seen as a happy medium between the two extremes of Full state funding and No funding whereby the student pays for the benefit of having a higher education only when they are fit to do so.

negative: Female role models are needed urgently to raise aspirations among young women and change parliamentary practices  At present there is a vicious circle whereby women see no point in standing for politics because it is viewed as a male-dominated institution. Positive discrimination is the only way to encourage women to stand. Only if one generation is pushed towards politics can there be role models for potential future women MPs to follow; for that reason it need not be a permanent measure, just one that gets the ball rolling1. It has been proven by a study at the University of Toronto, Canada, that women need inspirational female role models more than men; they need it to be demonstrated that it is possible to overcome barrier2 . Positive discrimination would provide this evidence and support. This measure would simply allow women to overcome the institutional sexism in the selection committees of the established political parties, which has for so long prevented a representative number of women from becoming candidates, and would encourage other women to try and emulate that. It's about changing stereotypes and perception (particularly of the concept 'leadership', which we automatically think of as a male trait1). This will help achieve true progress in the future.  1 'Increasing the numbers of female MPs', Thinking and Doing, 14th May 2010  2 'Women need female role models', Research Digest, 16th March 2006

negative: Universities can't be guided by an "invisible hand": the conditions in the higher education market are not such that optimum results will obtain from this sort of "free market" idea. There are several reasons why. First, demand for university courses fluctuates, and a low intake for a course one year, and therefore decreased funding, could unfairly penalise other people studying in that department, who are not free to leave (and take their money elsewhere) but simply have to suffer the decrease in quality until the end of their degree course. Second, universities don't operate in a true free-market system: the high start up costs (buildings, libraries) mean that it is very difficult for new universities to enter the market, even if standards in existing ones fall.Thirdly, there will always be those students who are poorer and have to go to the worse universities (if they cannot afford or do not want the burden of a student loan). A poorer student will either get a second rate education and waste valuable time and money or will opt out of higher education all together and accrue none of the benefits, since graduates typically earn more than non-graduates1.  1 Lexington, "Higher education: Is it really the next bubble?" The Economist, 21 April 2011,

negative: Ineffectiveness  The policy will be ineffective in two ways. Firstly it will not even achieve the goal of a balanced gender ratio but secondly, even if it did, it will not reduce the divide between men and women and make women a more valued part of society.  1. How does this plan offer advantages to the families of girls in excess of what is already available? The Indian parliament's most recent budget includes several programs designed to increase the resources, specifically including medical and educational resources, available to women and children. Programs exist to provide education to women [1] . Most importantly where do these financial incentives come from? India is currently committed to cut budget deficits especially since “General government debt now stands at 82% of GDP.” [1]  2. The plan proposed by Prop will simply exacerbate resentment of women by men who see taxpayer funds preferentially directed towards women. Men will take this resentment out on the women in their lives.. It’s possible that in some cases, female children will be more valued for the money they bring in from the government than for their own personhood. We understand that some extent of financial or social benefits is necessary to redress historical oppression, but whenever possible, governments should seek to end gender-inequality by utilizing gender-neutral policies rather than picking sides. Widespread economic development will reduce the need for poorer families to select the sex of their children based on who can bring in the most income and therefore the gender ratio will begin to balance out without implementing discriminatory policies that create anger.  A perfect example of how discriminatory policies in the name of redress can create social divides is affirmative action in South Africa. Post-apartheid has an policy name Black Economic Empowerment (BEE) according to which companies gain benefits and status by fulfilling a certain race quota amongst their employees. South African universities accept black students with lower marks than white students in order to try to rebalance the demographics of the university. This means it is increasingly difficult for white people in South Africa to find jobs. Many white people feel resentful towards the beneficiaries of BEE and there is very aggressive debate at universities between white and black students as to whether racially based admissions policies are fair. If anything these policies have divided South Africans. [2] A discriminatory race policy in China and India will have much the same effect and therefore will not achieve its aims of addressing gender inequalities.  [1] Prasad, Eswar. “Time to tackle India’s Budget Deficit.” The Wall Street Journal. 2010.   [2] Mayer, Mark. “South Africans Continue to Seek Greener Pastures.” Sharenet Marketviews. 2008.

negative: Abolishing private schools will not bring to an end to inequality between pupils as this is illustrated every day in state schools. For example, bullying is extremely common in all schools whether they be state or private. Bullying represents inequality between pupils as often it is the result of one pupil being different to another. Additionally, teachers may treat their students differently depending on their intellectual ability or their behaviour. In the US racism between students and teachers is still a big issue, as minority groups are consistently placed on slower academic tack and in 38 states “black students are twice as likely as whites to be labelled as mentally retarded” (University of Washington2003).  Thus Private schools are not the only means of inequality between students and so the abolition of these would not completely diminish student inequality.  On the disparity between private and state schools, the correct way to improve the education for children in state schools is to spend more money on state schools, devote more time, energy and enthusiasm to them rather than punishing those schools that do just that. Preventing a minority from having a certain type of education is not the way to help improve the majority’s education. By and large, the complaint is that private schools are doing well and providing a good education, whilst state schools lag behind. It is in all our interests to set the standard of education as high as we can – you do this by raising state schools to the standard of private schools, not by depriving children of a private education.

negative: education general teaching university science computers phones internet house Online courses are a way to higher academic excellence  Relocating to the best universities is a budgetary concern, but also family and social relations concern for many people, which prevents all the best people from even applying to universities that would suit them the best. Online courses can recruit students from anywhere in the world much easier than traditional universities can because students don't need to travel far away for the best education. This then ensures that universities have better access to the brightest people. For instance, Stanford University's online course on Artificial Intelligence enabled people from 190 countries to join, and none of students receiving a score of 100 percent where from Stanford [14]. Improving the pool of students would automatically result in better academics, professionals and science, which would benefit the society better.

negative: teaching university house would abolish standardized tests university admission Alternative factors that can be considered in the admissions process  SATs are mathematical and it is therefore possible to objectively evaluate them. This is why they are so popular, they provide a benchmark of comparison across the whole education system in a way that any non-standardized assessment never could. This does not only benefit universities in providing an objective measure to compare admissions candidates but it also gives the government statistics with which to measure the progress of schools.  Any other form of assessment would mean switching to much more subjective factors. Traditionally such factors, such as extracurricular activities, volunteer work, and even access to references are all more easily available to high income students. Opportunities may not even be offered in poorer school districts. Complaining that poorer and minority students do less well on the SAT ignores the fact that the test provides one of their best opportunities to impress admissions officials.

negative: education general teaching university science computers phones internet house While there would no longer be a traditional university campus to carry out these activities, it does not mean these activities would disappear. Given the popularity of societies with students, it is expected that other platforms would spring up to fill in the gap. For instance, student clubs can be established in cities or regions, provided either by for-profit entrepreneurs (as in MOOCs platforms) or self-managed by students themselves. The only difference would be that these new platforms might no longer be affiliated to a university but rather be geographically based. This, however, is not a bad development as students would still have an opportunity to join societies. Students can easily be recruited into them via social media and the internet. Maybe not every student will have an option of the society they'd like to join, but that is also the case in lots of traditional universities.

negative: university digital freedoms access knowledge universities should make all Students would be able to benefit from being able to use resources at other universities  Having paid for access to universities and the materials they provide for research students have a right to expect that they will have all the necessary materials available. Unfortunately this is not always the case. University libraries are unable to afford all the university journals they wish to have access to or need for their courses. Therefore any student who wants to go into areas not anticipated by the course they are enrolled with will find that they do not have access to the materials they require. They then face the cost of getting individual access to an online journal article which can be up to $42, despite there being almost zero marginal cost to the publisher. [1] This even affects the biggest and best resourced university libraries. Robert Darnton the director of Harvard University’s library which pays $3.5million per year for journal articles says “The system is absurd” and “academically restrictive” instead “the answer will be open-access journal publishing”. [2]  [1] Sciverse, “Pay-per-view”, Elsevier,   [2] Sample, Ian, “Harvard University says it can’t afford journal publishers’ prices”, The Guardian, 24 April 2012.

negative: ucation secondary university philosophy religion minorities house believes use Affirmative action removes the cyclical disadvantages of discrimination  Affirmative action evens the playing field for those who have suffered past discrimination.  Discrimination in the past not only leaves a feeling of rejection by one’s community, but also a legacy of disadvantage and perpetual poverty. Discrimination is not only psychologically damaging, but tangibly. The denial of opportunities for education and employment in the past has left families in situations where they are stuck in a poverty trap and cannot afford to achieve the basic opportunities that others can as they are stuck in a cycle of poverty [1] .  A good example of this can be seen in the example of Brazil, where poverty is much more wide-spread in African communities who were previously used as slaves [2] .  There is no equality of opportunity in cases of past discrimination. Affirmative action helps level the playing field for selection by assisting those who are held back from a continual historical denial of opportunity and providing them the equality of opportunity everyone deserves.  [1] Aka, Philip. "Affirmative Action and the Black Experience in America." American Bar Association. 36.4 (2009): Print.  [2] Telles, Edward. "Discrimination and Affirmative Action in Brazil." PBS Wide Angle. N.p., 01 Jun 2009. Web. 23 Aug 2011. <  .

negative: Private universities would increase the divide between the rich and poor  Funding universities through taxation rather than privately allows poorer people in society to access university education because the government can increase access in three key ways. First, it can subsidise universities to decrease the price, second, it can exert pressure on universities to increase diversity within their student populations (by increasing numbers of people from disadvantaged backgrounds) and third, it can easily control peripheral support structures such as student loan schemes that become difficult to manage under a privatised system.

negative: Private schools provide a better education than state schools  In 2007, Time the US magazine discovered that private schools in the US received much higher SAT scores that the state counterparts. Research suggests that private education puts a greater emphasis on critical thinking, while state schools emphasise memory and learning by rote (time.com). These types of critical skills mean that students from private schools have a better start at university education as they are more used to what will be required of them. Furthermore, students from private schools are more likely to get into a university in the first place (Time, 2007/ BBC, 2010). In the US students are twice as likely to get the grades allowing them to go to university if they have had a private education, and for minority groups in America it is more than double (Capenet.org, 2001). This is likely to be replicated across the world. Private schools in Brazil also provide better education, as there is one teacher per 10 students in comparison to the 45-50 students per class in a government funded school. (Cabra; and Throssell 2010). Therefore by denying private education the effect may be disastrous for these minority groups.

negative: university government house believes university education should be free The quality of education suffers when university education is free  Without university fees, universities become dependent on the state for funding. This leads to larger classsizes and less spending per student. [1] Yet with fees, the quality of universities increases for three reasons. First, funding improves, as university may charge in accordance with need. Second, quality of teaching is improved. Because a university wants people to attend and to pay fees, the programs and degrees they offer have to be good signals of quality requiring hiring the best lecturers. Third, the average quality of students attending university will improve. This is because students feel they need to get the most from their investment in education. An example of higher quality education from feepaying is that of the United States, which has eighteen of the top fifty ranked universities in the world. [2] Quality is clearly improved when university is not free.  [1] Brady, Hugh. 2008. “We Must Invest Now in Our Universities or Pay Later”. University College Dublin News Available:  ents.html  [2] QS World University Rankings 2015/16, QS,

negative: ucation secondary university philosophy religion minorities house believes use Affirmative action does not reduce societal prejudice, but actually increases it. By creating a situation where individuals receive state help in gaining the jobs and success they have, this simply confirms the prejudice in peoples’ minds that individuals of this group cannot gain anything on their own merit, but rather require external assistance. (Refer to opposition arguments two and three)

negative: Universities don’t have unlimited places available  Universities cannot take every student who applies. They have to balance the number of applications they get with both the number of teaching staff they have and the time they need for research. In the UK, almost a third of applicants do not get places as it is, [1] and those that do often find they have less contact time with staff than they had expected. [2] Simply put, if you want to have academics doing useful research, you can’t expect them to teach all the time.  If universities have a finite number of places, it makes sense that they should be allocated to the people best suited for them. Currently, universities are so overwhelmed by demand that it isn’t possible for them to test this properly – in most cases, they will take a cursory look at predicted grades, and perhaps an interview with the candidate. Discouraging applicants would lower the stress on admissions departments, making the process more accurate. It will also allow them more leisure to reach out to and target students with the right personality, improving the quality of applications.  Forget all of the discussion as to whether or not academic courses are useful – it’s simply not practical to have everyone do them.  [1] ‘UCAS End of Cycle report 2012’, UCAS, 13 December 2012  [2] Paton, Graeme, ‘University teaching time ‘fails to rise’ despite fees hike’, The Telegraph, 15 May 2013

negative: economy general philosophy political philosophy house believes capitalism better Capitalists often disregard the fact that people, although being individuals, also are formed by their social circumstances 1/2. People's class belonging, sexuality, sex, nationality, education etc. have a major impact on people's opportunities; there might be cases of individuals achieving the American dream like Barack Obama despite their social background, however this is not applicable to the majority of people. In capitalism the people with the most opportunities are usually the people who have the most capital, take the example of university students: universities in many countries such as the United States and United Kingdom charge students high tuition fees, if one is not wealthy enough to pay for these fees the likelihood to continue into further education is much lower (if a loan is provided one would have to risk to be indebted for a long period of one's life, or not have the opportunity to study at university at all)3. This can by no means be called an equal opportunity for everyone. It is not enough to provide opportunities; people must also be in a position to grab them.  1 Berger, P. L., & Luckmann, T. (2007). Kunskapssociologi : hur individen uppfattar och formar sin sociala verklighet. (S. T. Olsson, Ed.). Falun: Wahlstr

negative: Vocational training would not actually improve training in the skills which employers are concerned about. When people complain about a skills gap, there are two kinds of skills they are worried about: technical ones, in subjects like engineering, and general ones, such as the ability to present or to write clearly. This is something which is already done in university; the best way to learn how to present and write is to practice presenting and writing. Picking a subject, such as history, simply acts as a useful focus for this work.  As long as employers can be sufficiently clear about what it is they want graduates to be capable of, we will be able to incorporate this into existing courses – so in fact, even supposedly non-vocational courses will teach the right skills.  Technical careers like engineering and computer science might indeed benefit from the change, but it makes no sense to shape the whole education system around a limited set of jobs.

negative: There is the potential for massive harm should universities become places where individuals continuously need to contain their thoughts and ideas for fear of sanction. It is far easier to actively promote open dialogue and tolerance as this will lead to more diversity.