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.
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Free Speech Concerns
- Mary Anne Franks expresses concern about the current state of free speech, particularly how the First Amendment is often misinterpreted.
- She aims to shift the focus from legalistic views to a more nuanced understanding of speech's impact on democracy.
Inverted Priorities
- The dysfunction in American free speech discourse stems from prioritizing the First Amendment over the actual act of speaking.
- This inversion is driven by factors like constitutional fundamentalism, self-interest, and the internet's influence.
Counterman v. Colorado
- The Counterman v. Colorado case highlights the flaws in First Amendment absolutism, where a stalker's objectively terrifying messages were protected.
- The Supreme Court prioritized the stalker's intent over the victim's fear, demonstrating a skewed application of free speech.