Amicus With Dahlia Lithwick | Law, justice, and the courts Free Speech Is The Enemy of Free Speech, Apparently
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Sep 20, 2025 In this engaging conversation, Mary Anne Franks, a law professor and author of Fearless Speech, dives deep into the current state of free speech in America. She critiques the contradictions of free-speech absolutism, highlighting how recent government actions compromise First Amendment rights. Franks discusses the perils of blending entertainment, technology, and governance, revealing how this mix fosters censorship. The dialogue uncovers a cycle of blame towards universities and politicization that exacerbates surveillance and dissent chilling.
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Free Speech Rhetoric Versus Reality
- Charlie Kirk became a martyr symbol for a distorted free-speech orthodoxy that demands punishment for critics.
- Mary Anne Franks argues this moment exposes contradictions in American free-speech rhetoric and who actually benefits.
Government Censorship Masquerading As Free Speech
- The Trump administration claims to defend free speech while enacting government coercion and suppression.
- Franks says labeling powerful actors as 'silenced' gaslights the public and justifies real censorship.
When Private Censorship Becomes State Action
- Government pressure on private platforms blurs the line between private moderation and state coercion.
- Franks notes the Supreme Court has ruled such coercion raises First Amendment concerns.
