The Sunday Show
Mary Anne Franks Challenges First Amendment Orthodoxy
Oct 20, 2024
Mary Anne Franks, a law professor at George Washington Law School and author of "Fearless Speech," dives into the complexities of free speech in modern America. She critiques the First Amendment's protective scope, arguing it often shields harmful ideologies under the guise of free expression. Franks discusses the influence of technology on speech, the legal clash of stalking laws versus First Amendment rights, and advocates for 'fearless speech' to empower vulnerable groups. Her insights challenge traditional notions and urge a reevaluation of speech freedoms.
46:51
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Quick takeaways
- Dr. Mary Anne Franks critiques the First Amendment's historical bias towards powerful entities, highlighting its protection of harmful ideologies like racism and misogyny.
- Franks proposes the concept of 'fearless speech,' which advocates for accountability in discourse to foster democratic values and challenge oppressive narratives.
Deep dives
The Flaws of the First Amendment
The First Amendment is often thought of as neutral, yet it has historically favored powerful entities and protected harmful ideologies such as racism and misogyny. Dr. Marianne Franks argues that instead of defending pro-democratic speech, the First Amendment frequently shields anti-democratic speech. She advocates for a critique of constitutional fundamentalism, which treats the Constitution, especially the First Amendment, as infallible. This critique aims to foster a more nuanced understanding of free speech that prioritizes democracy and public welfare over absolute free expression.
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