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.