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What are the limits of free speech? In “Bethel School District No. 403 v. Fraser” (583-586), the US Supreme Court ruled that children in a public school do not have the same rights as adults to use sexual speech in a public forum. What reasons did the Court give for making a distinction? What reason did Justice Marshall give for his dissent? The case was argued in 1986. Do you think the case would be treated in the same way today? (583) Consider how key terms, such as “offensive” and “disruptive,” were debated over and defined in the court opinions. You may also want to draw upon the handout readings on free speech to see how free speech has been defined in various contexts. Also note the web resources (598). Please pay close attention to and quote from “Bethel School District” and other relevant texts.
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Running head: LIMITS OF FREE SPEECH
Limits of Free Speech
Student’s Name
Institution Affiliation
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LIMITS OF FREE SPEECH
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Limits of Free Speech
The United States’ Constitution guarantees citizens’ freedom of speech while also
striving to adjust with the changing social values and new cases, altering its application.
However, the constitution’s ability to protect citizens’ freedom of speech has been met with
countless challenges, especially in learning institutions. The first amendment has often been used
to bar individuals, mainly learners, from using racist and sexist symbols and languages. Still,
controversy exists in cases where the use of these symbols and language has proven not to be
destructive to other learners and the overall education process. Such a conclusion informs Judge
Marshall’s decision in “Bethel School District No. 403 v. Fraser” where the Judge ruled in
Fraser’s favor. Fraser had delivered a speech that was considered offensive due to the use of
sexual metaphors. Therefore, currently, most Judges would have borrowed from Marshall’s
decision if a learner’s speech though offensive, does not prove disruptive. And so, I contend
that, although freedom of speech may help society to have open-minded individuals and
attain high levels of democracy, there is a need for the government to regulate it to avoid
conflicts resulting from hate speech and incitement, which may lead to violence.
The First Amendment safeguards freedom of speech and expression among other prized
values. However, the right does not extend to the use of obscene and sexually suggestive content
especially in events sponsored by schools. The use of obscene language and gestures have a noncognitive effect on its audience (Stone, 2007, p. 1861). The First Amendment aims at promoting
expression that uses rational persuasion to alter or strengthen an o...
