Take a quick look at page 1460 and the two competing views of Justice Holmes and Justice Roberts.
Justice Holmes believed that title to the public streets and parks gave government the right “to forbid public speaking” – just as I have the right to forbid you from picketing or protesting in my living room.
Justice Roberts believed that public streets and parks “have immemorially been held in trust for the use of the public and time out of mind have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.”
Which of these views do you think is the better? Why?
Should the City of Boston have the power to ban picketing and public demonstrations on the Boston Common in order to protect the interests of people who go there to play frisbee, sunbathe and enjoy peace and quiet?
Should students have the right to conduct a tuition protest meeting in the Dean’s office? Why or why not?
What is the difference between the Dean’s Office and Boston Common?
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