ENG126 Freedom of speech Bethel School District vs Fraser Essay please read the document carefully before writingif you need any materials u can ask me or
ENG126 Freedom of speech Bethel School District vs Fraser Essay please read the document carefully before writingif you need any materials u can ask me or google it 2 version Introduction Draft
Freedom of speech?1?
All over the world, there are many human rights and freedoms that every human
being is entitled to. These include the freedom of speech, religion, expression, the press
etc. One freedom that stands out is the freedom of speech. According to this freedom, a
person is free to express his or her opinion without legal penalty, restraint or censorship.
although the freedom of speech exists, there are a number of restrictions and limitations
on how one can actually exercise it. For example, one cannot use the freedom of speech
to harm other people or even engage in hate speech. In the united states, freedom of
speech is a right that is well protected. Various amendments have been made in the
United States regarding freedom of speech. For instance, there is the First Amendment.
According to this amendment, the United States Congress is prevented from coming up
with laws that respect the establishment of a religion, prohibit the exercising of religion,
abridge ones freedom of speech, or even assemble peacefully. Although freedom of
speech is an important human right, limitations are necessary to check its exercise.
Freedom of speech?2?
There are many human rights and freedoms that human beings are entitled to.
These include the freedom to worship, freedom to religion and freedom of speech.
These human rights and freedoms are recognized all over the world and it is the
responsibility of every government to uphold them. Freedom of speech is one important
freedom that is well protected in various countries, including the United States. When
not checked, it is very likely that people will misuse their rights and freedoms. This
therefore necessitates limitations, for example to the freedom of speech. By limiting the
freedom of speech, more benefits will be realized. (Waldmeir, 2008).
Reference
Waldmeir P. (2008) Freedom of speech and my right to silence at Bath Time
Claim document
Please copy and paste to a document, and fill out this worksheet (see
writing assignment at the end) with respect to your essay #1. Please submit by
Thurs. 9/19.
Another textbook, Structure of Argument, discusses three kinds of claims for an
argument: claims of fact, value, and policy.
A claim of fact states a fact, like “Half of this class is women.”
Claim of fact needs to be supported by
sufficient and appropriate data
reliable authorities
facts or inferences: interpretation
The writer should make clear when she is offering an inference (interpretation)
rather than a fact.
claim of value: a claim that asserts that some things are more or less
desirable than others
Claims of value may sometimes be difficult to distinguish from claims of fact,
and its not absolutely necessary. What are the values that underly our beliefs?
A claim of value, like “free speech is more important than protecting everyone’s
feelings from being hurt,” involves conceptions or ideas that act as standards
for judging what is right or wrong, worthwhile or worthless, beautiful or ugly,
good or bad.
Claims of value involve the values of audience, but a majority preference is not
enough to confer moral value (169). Just because most people supported
slavery in the times of Ancient Greece doesn’t mean it was right.
claim of policy: a claim that specific courses of action should be instituted to
solve problems
Claims of policy: presuppose a problem and that something should or should
not be done. However, avoid offering a solution to a huge problem. “Youtube
should convene a board of experts to help make decisions about what content
to ban.”
Examples:
Although seeking peace is a right and morally just act, their governments
punish those who speak against war for their unpatriotic acts. ______
Taking all of this into account, it becomes evident that the FCC is a hindrance to
America, and, on top of that, is a flagrant violation of American peoples
inalienable rights of free speech and must be abolished immediately. ____
There has been a big question mark, from the racist and sexist speech to the
words or symbols printed on a T-shirt; the boundaries for speech to be defined
as hate speech are still to be determined. _______
In both Student Sues and Bethel School District, we see two public schools
punishing students for using their free speech. _______
The Supreme Court stated that forcing a group to accept certain members may
impair its ability to express those views, and only those views, that it intends to
express (Johnson 596). ________
Write claims of fact, value, and policy that you are making in your own
essay 1 on free speech:
Claim of Fact
The First amendment of the US, 1971 protects hate speech because it is
recognized as free speech being exercised and prevents governments from creating
laws to abridge the freedom of speech.
Claim of Value
The freedom of expression is a fundamental right because of the impact it
creates in the society, the positive effect of the right to expression is way greater than
the negative implications of hate speech.
Claim of Policy
Institutions of higher education have the obligation of curbing hate speech and
promoting an all-inclusive society, this should be done by reaffirming social standards
instead of making rules against hate speech.
Worksheet
Eng 126 Thesis Worksheet: please copy and paste into a document, fill out
boxes and submit. This is a preliminary thesis, and you may want to change it
as we continue to read and study the issue of free speech.
Your thesis should be arguable, preferably a bold conviction, your take on the
subject. A good thesis captures the complexity of your argument. It is often to
be found at the end of the introduction. I would avoid phrasing the thesis as a
question.
ex. Contrary to popular views on the subject, the institution of marriage is
as sound today as it was generations ago (Rottenberg and Winchell 484)
ex. Whether we like it or not, money is obsolete. The currency of today is
not paper or coin, but plastic (Rottenberg and Winchell 484).
ex. In Bethel School District No. 403 vs Fraser, the US Supreme Court
ruled that a high school student, Matthew Fraser, used offensive language
in his speech which was not protected by the First Amendment. The case
was clearly controversial, as lower courts ruled in Frasers favor, and the
Supreme Court dissenting opinion stated that the school district had not
demonstrated that Frasers speech was disruptive. Frasers speech should
not receive first amendment protection because it contains material
inappropriate for minors in a public-school assembly.
Draft your thesis here:
Though freedom of speech is a fundamental right and part of
American society, it does have its limitations and restrictions in the
manner in which it is exercised. It cannot be used for hate speech
nor to harm others.
Of course, you can change your thesis as your paper evolves.
Placement: often at the end of the introduction; could be more than one
sentence
In the following examples, underline the thesis sentence or
sentences. How could the thesis and introduction be improved?
1. Sample introductory paragraph
Freedom of speech is a major part of the American tradition that prohibits
the persecution of people based on their religious or political beliefs; but in
practice, the United States has punished people based on their ideas,
particularly during times of war. During World War I, critics of the war, socialists,
and labor leaders [were] jailed or deported (Foner 594). In a recent example,
renowned historian Eric Foner commented to a reporter that the US has
engaged in military action without being attacked, as in Haiti. . . and Vietnam
and was subsequently accused in the media of treason (595). In times of war,
we need to be especially vigilant in guarding the right to express dissenting
opinions, which can also provide us with a more comprehensive basis for
making decisions.
Work Cited
Foner, Eric. Dare Call It Treason. Elements of Argument. 8th ed. Ed. Annette
Rottenberg and Donna Winchell. Boston: Bedford, 2006. 594-595.
The thesis as stated in the paragraph does well to capture the main
focus of the argument. The paragraph displays the violations of the
freedom of speech in times of conflict by America, even though the
right to free speech is itself a fundamental and constitutionally
protected right in America. The thesis statement calls for the respect
of the right to free speech even in times of war. It further points out
why freedom of speech must be upheld at even the worst of times.
This displays the clear stance taken by the author on free speech as
well as the primary focus of the topic.
1. Hate or Free Speech
As we all know the first amendment is the right to free speech in the US
Constitution, which historically protects media messages from regulation and
censorship, but does everyone follow or change what we know as free speech
into hate speech? The idea is that free expression, the ability to open up your
mouth and deliver an opinion in a public place, is the typical situation and any
constraint on free expression is therefore a violation of the first amendment but
when you abuse your right of free speech by offending or discriminating them is
that free speech or does it turn to hate speech.
The thesis statement is posed as a question. It questions the
limits of the freedom of speech and its use as hate speech. The
thesis therefore captures the topic of focus for the author. It also
poses to the reader the challenges of free speech as regards hate
speech and abusive language. It makes clear the author seeks to
address and pursue the topic of free speech and hate speech
further. This makes the thesis as a whole well-structured and
comprehensive.
English 126: Essay #1 Paper Topics: Free Speech Analysis (15%)
Two draft versions of an introduction for essay 1 are due on Thurs. 9/12. The full draft of
essay #1 is due on Mon. 9/23. Submit your draft, and once you’ve submitted it, you will
be randomly assigned two classmates’ drafts to peer review on that same folder. The final
essay is due on Thurs. 10/3. This paper should be 5 pages long (not including Works
Cited). Please type the essay in 12 point font, double spaced, with 1 margins all around.
Limit the scope of you paper. You need to make sure you have a thesis statement, which
is a central argument in your introductory paragraph which you support throughout the
essay, and which you revisit in your conclusion.
Close analysis of specific passages from the class reading are important. Use MLA
format for documenting sources (see handout). Include a Works Cited page at the end of
your essay, including the essay you analyze and any other sources you make use of
(sources not required).
The purpose of this paper is to analyze the issue of free speech by demonstrating that
you have carefully read and understood in depth the readings we have done in class.
Outside information is not required; you may bring in current events, but all sources need
to be well-documented, and outside sources should only be supplemental to the focus on
materials I have assigned for class. Part of your grade for each essay includes the writing
process: turning in drafts, revising, and workshopping according to course deadlines.
Make sure you have submitted all of these assignments.
Note that Canvas has a plagiarism-checking software, so be careful not to copy
sentences from elsewhere without giving credit and quotations.
Questions taken from Elements of Argument page 597 (“Are Limits on Free Speech Ever
Justified?” handout). Also take note of the online resources provided in the book for
further research (“Are Limits on Free Speech” 598).
Please choose one the following choices for your paper topic. A significant part of how
well you carry out an assignment relates to following instructions, so carefully read this
handout and specifically, the topic you choose. Ask me if you are planning to bring in
supplemental information; however, outside research does not take the place of the
focused analysis I would like to see of readings we have done in class.
Choice 1: 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.
1
Choice 2: In Student Sues School District (582-) and Bethel School District (583-),
we see public school to be a flash point for free speech controversies. Do you find the
cases discussed in Bethel School District No. 403 v. Fraser and in Student Sues
District for Banning Anti-War T-Shirt to be similar, or are there significant differences
between the two cases? Explain. (582-583). Consider how key terms, such as offensive,
disruptive, and political speech were debated over and defined. 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. Please pay close attention to
and quote from Bethel School District, Student Sues School District, and other
relevant texts.
Choice 3: In Student Sues School District (582-), how do you feel the court should
decide in the case of the student who wore the anti-war T-shirt? (582) Consider how key
terms, such as disruption and political speech were debated over and defined. You
may also want to draw upon the handout readings on free speech to see how free speech
has been defined in various contexts. Note the web resources (598). Please pay close
attention to and quote from Student Sues School District, and other relevant texts.
Choice 4: In Ice-T: The Issue is Creative Freedom (586-), Barbara Ehrenreich argues
that Cop Killer is not seditious and creative freedom should be protected. Are there
circumstances where creative freedom should bow to social responsibility? What
evidence does Ehrenreich use to prove that Cop Killer is not dangerous? Is it
convincing? (586) Consider how key terms, such as sedition and creative freedom
are debated over and defined. You may also want to draw upon the handout readings on
free speech to see how free speech has been defined in various contexts. Note the web
resources (598). Please pay close attention to and quote from Ice-T and other relevant
texts.
Choice 5: In Why We Need to Abolish the FCC (589-), Robert Garmong criticizes the
FCC as violating free speech. Explain your position on how much control there should be
on what is broadcast over the airwaves, and who should control it (589). Consider how
key terms, such as free speech, offensive, and indecency are debated over and
defined. You may also want to draw upon the handout readings on free speech to see how
free speech has been defined in various contexts. Note the web resources (“Are Limits on
Free Speech” 598). Please pay close attention to and quote from Why We Need to
Abolish and other relevant texts.
Choice 6: While we may not see the do-not-call registry as controversial, in Freedom of
Speech and My Right to Silence at Bath Time, Patti Waldmeir explains that there are
two sides to the controversy. Write an essay in which you take a position, although this is
not a clear-cut case of one group being right and the other wrong (591-). Consider how
key terms, such as privacy, free speech, and commercial speech are debated over
and defined. You may also want to draw upon the handout readings on free speech to see
how free speech has been defined in various contexts. Note the web resources (“Are
Limits on Free Speech” 598). Please pay close attention to and quote from Freedom of
Speech and My Right to Silence and other relevant texts.
2
Choice 7: In “Under Attack” (handout), the editors of The Economist look at how free
speech is being threatened by repressive governments, non-state actors, and a general
idea that people have a right not to be offended. Do you think there are times it is right to
censor speech to maintain order or to protect peoples’ feelings? Do you agree with the
editors’ underlying premise that the protection of free speech is vital for a liberal
democracy? Consider how key terms, such as “offence,” “hate speech,” and “incitement
to violence” are defined. Please take a position in your essay and pay close attention to
and quote from Under Attack and other relevant texts.
Choice 8: In A Case the Scouts Had to Win (596-), what distinction does Johnson make
between the right to a job or an education and the right to associate with particular
people? Explain why Johnson believes that the Scouts are protected by the First
Amendment (596). Consider how key terms, such as free association and
discrimination are debated over and defined. You may also want to draw upon the
handout readings on free speech to see how free speech has been defined in various
contexts. Note the web resources (598). Please pay close attention to and quote A Case
the Scouts Had to Win and other relevant texts.
Choice 9: Is Hate Speech Free Speech? (handout from Texts and Contexts, 372-389)
Write an essay in which you discuss the issue of free speech versus hate speech on
college campuses. You may come to the conclusion that some form of censorship (you
should specify the form it should take) or some form of punishment should be instituted
to prevent the abuses of hate speech, or, conversely, you may wish to argue that we will
have to accept abuses of free speech in order to protect free speech. You also have the
option of shedding light on the issue rather than taking one position or another. Consider
how key terms, such as free speech, hate speech, offensive, fighting words,
protected vs. unprotected speech, obscene speech, and harassment are debated over
and defined. Include a specific thesis in your introduction that argues or explains your
main point, and focus your analysis on quotes and evidence from the handout, pages 372389, focusing on one or two of the articles assigned for class in the packet, “Is Hate
Speech Free Speech.” Note that there is a particular definition for hate speech, so that
wearing a political t-shirt or making an obscene speech wouldn’t be considered hate
speech.
Choice 10: In “The Free Speech–Hate Speech Trade Off,” Professor Chemerinsky
addresses the issue of hate speech as free speech on college campuses in light of recent
incidents with controversial speakers. When should the freedom to say offensive things
be protected, and when should it be limited? Consider key terms, such as “harm,”
“offend,” “free speech,” and “hate speech.” You may need to do some additional research
to find out more. Please take a position in your paper and pay close attention to and quote
The Free Speech–Hate Speech Trade Off and other relevant texts.
Choice 11: In “Free Speech in the Age of YouTube,” Somini Sengupta looks at how free
speech policies are made by internet companies. What do you think their policies should
be in banning certain content? Consider how key terms, suc…
Purchase answer to see full
attachment
