free speech analysis

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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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