Hi, Shawn!  In order for that open discussion to take place (and you've now 
initiated it in multiple wide-ranging forums), it might be useful if those of 
us on these lists who haven't seen your teams this year could know what you're 
talking about.
--Neil Berch
West Virginia University
  ----- Original Message ----- 
  From: Shawn T Whalen<mailto:[EMAIL PROTECTED]> 
  To: [EMAIL PROTECTED]<mailto:[EMAIL PROTECTED]> ; [EMAIL 
PROTECTED]<mailto:[EMAIL PROTECTED]> ; [EMAIL PROTECTED]<mailto:[EMAIL 
PROTECTED]> 
  Sent: Thursday, November 01, 2007 9:46 PM
  Subject: [eDebate] Accusations of Illegal Debating


  Dear Colleagues, 

  Last weekend, San Francisco State University debaters were accused of 
behaving illegally.   It is the first time in my 31 years of experience in 
scholastic debate, that such an accusation has been levied based entirely on 
the content and performance of an argument made during a debate. 

  Our students have employed the same basic argument since the start of the 
year, and I think it is unfortunate that none of my colleagues sought to raise 
concerns that they might have had about our arguments with me.   I have been 
centrally involved in my students' argument and performative choices this 
season and I invite those of you with concerns about them to discuss those 
concerns with me directly.   

  While I completely respect and promote the rights of each individual to 
assert and defend all of their rights under the law, I want to suggest that 
debate rounds might not be the most appropriate place to make those assertions. 
  Debate judges and debate tournament officials are rarely qualified to 
adjudicate these claims and debaters themselves are rarely qualified to address 
the full complexity of legal accusations.   These types of accusations put 
judges and tournament officials in a very awkward position and potentially 
connect them to the legal claims being made in compromising ways. 

  Our students encourage and invite a discussion of style, taste, and 
aesthetics but ethical and legal accusations are designed to enjoin us from 
inviting that discussion.   By their very nature they chill that discussion 
immediately given the contemporary protocols for managing these accusations in 
the debate community.   Legal accusations, in particular, go much further in 
their potential to chill these discussions. These accusations have forced us to 
seek the support of university administrators who do not fully appreciate the 
debate tournament context and who could act as censors.   We are gratified that 
our administrators have chosen to support our academic work, but we recognize 
that not every administrator would see the risk/reward calculus in the same 
way. 

  My students and I feel strongly that these accusations are a grave threat to 
our academic freedom and unless and until we are legally enjoined from doing so 
we will proceed making our arguments as we see fit.   I remain distressed and 
saddened by the lack of support that seemed to exist among my colleagues last 
weekend for my students' rights to free speech and academic freedom.   I hope 
that as educators and colleagues we can make time for a discussion about how 
these types of conflicts might be better managed. 

  Sincerely, 


  Shawn Whalen
  Director of Forensics
  San Francisco State University

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