Press Release

FOR IMMEDIATE RELEASE

RACE DISCRIMINATION HAS NO PLACE IN COMPETIVE DEBATE

MSLF and James Fishback, the Founder of Incubate Debate, have Filed a Federal Civil Rights Complaint Against the National Speech & Debate Association Over Discriminatory Judging

LAKEWOOD, Colo. (January 11, 2024) — Competitive high school debate can change lives. It can teach students how to form arguments, how to think critically about important and current topics, and how to engage in civil and polite adversarial discourse. Presidents, Congressmen, and Supreme Court Justices have competed in debate on their way to professional success.

But the National Speech and Debate Association (NSDA) has fallen down on the job. It allows numerous debate judges to evaluate student contestants based on factors that have nothing to do with the quality of the arguments that they present. Sadly, many judges even treat the debaters before them differently based on their race.  In other words, some debaters can’t use certain words, make certain arguments, and can even be penalized for their race as part of a judge’s voting criteria.

The NSDA knows about this, but has looked the other way. And it doesn’t even care that students themselves have responded to negative incentives, and started to harass their own peers based on race. (In one recent round, a debate team argued that they should win to stop the “whiteness” of the other team from prevailing).

The NSDA refuses to stop this discrimination, tarnishing the time-honored tradition of speech and debate. An activity that was meant to bring people of all backgrounds together—to foster conversations on the most important issues of our society—is now a divisive and racially discriminatory environment.

And the idea that some racial groups ought to get special privileges in debate—like the unique ability to present certain positions—smacks of the bigotry of low expectations. Competition is supposed to be fair for a reason. To teach students to strive and work harder, in order to achieve success.

What the NSDA is doing and condoning is distinctly un-American.

But Mountain States Legal Foundation and Incubate Debate believe that NSDA is not just creating an environment that stifles learning. It’s also violating federal civil rights laws, like Title VI, which bars race discrimination in educational activities. So to preserve America’s core principle of colorblindness under the law, we have filed a federal civil rights claim with the U.S. Department of Education’s Office for Civil Rights. That Office has the enforcement authority to bring educational institutions into compliance with federal law.

Mountain States and Incubate Debate want a positive resolution. It is our hope that NSDA will return to reason and sensibility, and ensure that judges of its tournaments don’t discriminate. We want judges to judge fairly, not based on the skin color of the competitors, and for student contestants to put forward their best foot, without limitation.

Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal foundation established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and second amendment rights. MSLF defends its clients through pro bono litigation, primarily against the federal government, in defense of constitutional liberties and the rule of law. With its litigation MSLF seeks victory for its clients at the highest level possible, establishment of binding legal precedents to benefit millions of Americans, and education of the American public on the threat to their liberties that unrestrained government presents.

Incubate Debate is a non-profit founded in 2019 with the goal of bringing no-cost, free-speech debate tournaments to students across Florida. Since their founding, they have served thousands of students at no-cost tournaments, workshops, and camps. Incubate Debate is a space for young men and women to debate timely and timeless issues. Their unique approach nurtures a competitive community of proud Americans, introduces students to a wide range of viewpoints, and fosters a deeper understanding of important current issues and historical events.