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Should Colleges Be Able to Restrict Speech

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1 Should Colleges Be Able to Restrict Speech
Michael Meissner

2 Resolved:Public colleges and universities in the united states ought not restrict any constitutionally protected speech

3 Resolved:Public colleges and universities in the united states ought not restrict any constitutionally protected speech Public colleges and universities: a school that is funded primarily through state taxes often times leading to a lower but not free education Constitutionally protected speech: Speech protected under the Constitution

4 The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

5 What Speech is Protected
What speech is or isn’t protected is likely where much of the debate will likely take place. This is because many of the examples of what has been considered constitutional has been inconsistent. For example Gregory Lee Johnson who burned a flag protesting a decision made by President Ronald Reagan was not charged but others have gotten in trouble for a plethora of different situations.

6 What Isn’t Covered While it is foggy what is or isn’t protected a few more clear exceptions to what can be said they all fall into a few categories Fighting words: This includes words that are specifically meant to start fights, inciting a crowd to violent or unlawful activities are included Obscenities: This particular set is very specific and is normally protected. The line between what is acceptable and the act is what is decided but since there is no discernible line it is very difficult to decide what is past the threshold or not Slander: Slander is often referred to as a false statement that is damaging to a reputation often intentionally.

7 What Isn’t Covered pg.2 Crimes that revolve around speech:Harassment is the most common form of this but perjury and extortion is not protected Threats: The line is very thin on this type of speech blackmail is not permitted, the determiner on this type is the sincerity of the source which is often extremely difficult to determine Copyright laws: Intellectual property is protected under the first amendment In some cases it is possible to enter a contract where the citizen gives up some of their rights including the first amendment but these are very regulated

8 What Schools are Actually Doing Now
A large portion of the movements to restrict the first amendment to a degree actually come from the students themself. An example of this would be students pushing a campaign to ban the words and phrases politically correct, lame, crazy, third world, and man up. A common phrase that everyone has heard of safe safe spaces will also become a topic in some of the debates

9 Focuses and Popular Arguments
The most important focus, I believe, is the compatibility of restricting free speech in a public colleges compatibility with the first amendment. It is also important to know that the topic specifies that is is public and not a private establishment. Point 1 pro: Arguing that constitution cannot allow restriction of speech especially in a public place Point 2 pro: The free exchange of ideas is essential to optimal learning

10 Focuses and Popular Arguments pg2
Point 1 Neg: Conflict will get in the way of learning Point 2 Neg: offencive language is not necessary and it is important that students feel safe without being attacked


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