PLAN TEXT

The United States Federal Government should prohibit its domestic surveillance based on race, religion, ethnicity, national origin, or First-Amendment-protected activity.


OR



Plan: The United States federal government should prohibit its domestic surveillance based on race, religion, ethnicity, national origin, or First-Amendment-protected activity in the absence of at least reasonable suspicion of criminal activity, except in situations involving a serious risk of imminent violence, and require the least restrictive means be employed when conducting criminal intelligence investigations.



1AC



Xenophobia

CONTENTION ONE IS XENOPHOBIA


The federal government has created the Muslim to become the "Other"—it's creation of the "enemy" has gone too far—the government uses it surveillances policies to manufacture terror plots through capitalist incentives—- this allows the FBI to continue destroying communities of color and maintain a climate of fear

Cabral & Sutcliffe, 15 —- *photojournalist, filmmaker and cinematographer documenting stories seldom seen in mainstream media, AND **documentary filmmaker whose work explores issues of national security post-9/11 (1/26/2015, Lyric R. Cabral and David Felix Sutcliffe, "The FBI Isn't Catching Terrorists — It's Creating Them" http://creativetimereports.org/2015/01/26/fbi-counterterrorism-lyric-cabral-david-felix-sutcliffe-sundance/, JMP)
People think that catching terrorists is just a matter of finding them—but,
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the liberty and security of all Americans, regardless of race or religion.


These constructions create a broader state of violence against people of color —- this manifests in xenophobic profiling

Wing 3, Bessie Dutton Murray Distinguished Professor of Law
~~[Spring 2003, Adrien Katherine Wing is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law. A.B. Princeton, 1978; M.A. UCLA, 1979; J.D. Stanford, 1982. This paper was presented at the Civil Rights symposium of the Louisiana State"Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism", http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=5987&context=lalrev&sei-redir=1&referer=http%3A%2F%2Fscholar.google.com%2Fscholar%3Fq%3Dguantanamo%2B%2522critical%2Brace%2Btheory%2522%26btnG%3D%26hl%3Den%26as_sdt%3D0%252C5%26as_vis%3D1~~#search=%22guantanamo%20critical%20race%20theory%22, 63 La. L. Rev. (2003)~~]
To illustrate how race can be socially constructed, I will use myself as an
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of 120,000 Japanese and Japanese Americans in World War II.9


The result is a vicious cycle —- the government's identification of Muslim Americans as terrorists just serves to reinforce its racist surveillance policies. Recognizing current discriminatory policies and attitudes as a continuation of decades of exclusion and tolerating real dissent can break the stronghold of racism that controls the public sphere.

Curtis, 12 —- Millennium Chair of the Liberal Arts at Indiana University-Purdue University Indianapolis (7/5/2012, Edward E. Curtis IV, "For American Muslims, Everything Did Not Change After 9/11," http://religionandpolitics.org/2012/07/05/for-american-muslims-everything-did-not-change-after-911/, JMP)
"Everything changed after 9/11." This political mantra has become part of
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—Muslim and non-Muslim alike—are welcome in American life.


Creating this image of the "enemy" shapes US foreign policy—notions of western superiority are used for elitist interventions

Kumar 13, Associate Professor of Media Studies and Middle Eastern Studies at Rutgers
~~[09/11/13, Deepa Kumar is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, "Twelve Years Post 9/11, Islamophobia Still Runs High", http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high~~]
KUMAR: Absolutely not. I think it is true that larger numbers of conservative
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Americans and people who look Muslim have been demonized since 9/11.


This dehumanization of foreign populations establishes continuous cycles of violence and endless warfare —- the way we talk about issues matters

John Collins 2, Ass. Prof. of Global Studies at St. Lawrence, and Ross Glover, Visiting Professor of Sociology at St. Lawrence University, 2002, Collateral Language, p. 6-7, The Real Effects of Language)
As any university student knows, theories about the "social con­struction" and social
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less likely to avert our mental gaze from the physical effects of violence.


====The deeming of people as "dangerous" creates a free license for capture that drives perpetual warfare- to think of "peace" as the "absence of war" ignores the violence that takes place everyday====
Butler 6, Professor at UC Berkeley
(Judith, "Precarious Life: The Powers of Mourning and Violence" Ch. 3: Indefinite Detention, pg 50)
If a person is simply deemed dangerous, then it is no longer a matter
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sovereign right to self-protection outfianks any and all recourse to law.




Solvency



The plan would provide the best safeguard against government abuses and resolve the problem of informants

Berman, 11 —- Counsel in the Liberty and National Security Project at the Brennan Center for Justice (Emily, "DOMESTIC INTELLIGENCE: NEW POWERS, NEW RISKS," http://brennan.3cdn.net/b80aa0bab0b425857d_jdm6b8776.pdf, JMP)
Substantive Recommendations Regardless of what additional procedural protections are implemented, some elements of the
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of threats. The result will be a safer, more just America.


The plan applies stricter First Amendment standards to protect the constitutional right to association—that avoids circumvention

Fisher, 4 —- Associate Professor of Law and Director, Center for Social Justice, Seton Hall Law School (Winter 2004, Linda E., Arizona Law Review, "Guilt by Expressive Association: Political Profiling, Surveillance and the Privacy of Groups," 46 Ariz. L. Rev. 621, Lexis, JMP)
III. Expressive Association and Political/Religious Surveillance This Section examines the governmental and
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the basis of lawful political or religious expression, not because of conduct.


Interrogating colonial violence by examining scholarship in educational settings is critical to establish a consciousness that enables larger political projects –

Housee 12, Senior Lecturer in Sociology
~~[Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK "What's the point? Anti-racism and students' voices against Islamophobia", Volume 15, Issue 1~~]
Having reflected on the two seminar sessions on Islamophobia and the student comments, I
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is to education that our attention should be directed.' (162)


Racism has to be rejected in every instance

Memmi 2000 (Professor Emeritus of Sociology @ Unv. Of Paris, Albert-; RACISM, translated by Steve Martinot, pp.163-165)
The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible.


====Utilitarianism is trapped in self-referential ethics – justifies white supremacy====
Velasquez et al 12 ~~[Manuel Velasquez, Claire Andre Thomas Shanks Michael J. Meyer, Charles J. Dirksen Professor of Management at Santa Clara University , Applied Ethics Associate Director at Santa Clara University , Senior Associate Dean of Arts and Sciences at Santa Clara University, Professor of Philosophy at Santa Clara University , http://www.scu.edu/ethics/practicing/decision/calculating.html, 2012~~]
While utilitarianism is currently a very popular ethical theory, there are some difficulties in
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morality calls us to look beyond the self to the good of all.


We must refuse to sacrifice one group to prevent a bad consequence – intervening actors mean our responsibility does not extend to the effects of the plan – the only moral act is preventing racism

Gewirth 1983 (Alan, philosopher, Human Rights: Essays on Justification and Applications, p 230-231)
A third distinction is between respecting other persons and avoiding bad consequences. Respect for
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rights cannot justifiably be secured at the price of the rights of blacks.


The world has already ended for people of color—a death culture focused on extinction masks the oppression and exploitation of white supremacy

OMOLADE 84 City College Center for Worker Education in New York City
Barbara-a historian of black women for the past twenty years and an organizer in both the women's and civil rights/black power movements; Women of Color and the Nuclear Holocaust; WOMEN'S STUDIES QUARTERLY, Vol. 12., No. 2, Teaching about Peace, War, and Women in the Military, Summer, p. 12; http://www.jstor.org/stable/4004305
In April, 1979, the U.S. Arms Control and Disarmament Agency
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cultural integrity, and nuclear arsenals and housing? Who will stand up?


Current risk calculus dismisses the relevance of these persons of color in favor of "the greatest good for the greatest number" – the problem with this type of calculation is that "the greatest number" begs the question of who is discounted for not being in the majority – this perpetuates a cycle of racial inequalities

Van Cleve and Mayes '15 ~~[Spring 2015. Nicole Gonzalez Van Cleve is an Assistant Professor of Criminal Justice at Temple University with courtesy appointments in the Department of Sociology and the Beasley School of Law. She received her PhD in Sociology from Northwestern University and served as Research Director for Chicago Appleseed Fund for Justice. She is a recipient of the 2014-2015 Ford Foundation Fellowship Postdoctoral Award and a Visiting Scholar at the American Bar Foundation. Lauren Mayes is a doctoral student in the Department of Criminal Justice at Temple University. "Criminal Justice Through "Colorblind" Lenses: A Call to Examine the Mutual Constitution of Race and Criminal Justice" 40 Law & Soc. Inquiry 406. Lexis~~]\\IS
We first examine the ideological contexts that inform research about criminal justice and race.
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racial ideology celebrates racial equality and denies the continued existence of racial discrimination.


Err on the side of probability to check psychological bias toward long improbable internal link chains – we cite studies

Yudkowsky 8 – cofounder of Machine Intelligence Research Institute ~~[Eliezer, research fellow at MIRI, "Cognitive Biases Potentially Affecting Judgment of Global Risks," Machine Intelligence Research Institute, pp. 7-8, 2008, https://intelligence.org/files/CognitiveBiases.pdf, Accessed 6/29/15~~]
The conjunction fallacy similarly applies to futurological forecasts. Two independent sets of professional analysts
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a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.