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One purpose of the first paragraph is to
Judges' and legal scholars' opinions are not discussed in the first paragraph.
The author does not present his or her opinion in the debate anywhere in the first paragraph (or in the passage at all).
The mainstream view on the debate is discussed in the third and fourth paragraphs, and no other sides of this debate are presented in the passage.
The debate presented begun in the first paragraph is never resolved in this passage.
The first paragraph introduces a debate over which rights are guaranteed by the Constitution and the rest of the passage gives more details about this topic.