Breaking Free from the First Amendment to Make Fearless Speech and Counterpublics: A Conversation with Mary Anne Franks

Today I have the honor and the pleasure of speaking with legal scholar Mary Anne Franks, about her book, Fearless Speech: Breaking Free from the First Amendment.  As the title of the book indicates, this is a fearless and iconoclastic critique of the ways that the First Amendment has been interpreted and mobilized in ways that protect and extend racism, misogyny, religious fundamentalism, and corporate self-interest. Among other topics, we talk about Amber Heard case and the limitations of groups like the ACLU and the misleading ways “cancel culture” is portrayed, along with the efforts to stifle speech that documents the promotion of misinformation, and the federal government’s extortion of media conglomerates to censor and remove satirists like Stephen Colbert and Jimmy Kimmel.  This promulgation of what Franks calls “reckless speech” does not have to persist. Franks calls on us to foster and practice “fearless speech” and to multiply counter-publics that take inspiration from the historical cases she presents. This is an especially timely and important episode of Speaking Out of Place.

Dr. Mary Anne Franks is the Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law at George Washington Law School. An internationally recognized expert on the intersection of civil rights, free speech, and technology, Dr. Franks also serves as the President and Legislative & Tech Policy Director of the Cyber Civil Rights Initiative, the leading U.S.-based nonprofit organization focused on image-based sexual abuse. Her model legislation on the nonconsensual distribution of intimate images (NDII, sometimes referred to as “revenge porn”) has served as the template for multiple state and federal laws, and she regularly advises lawmakers and tech companies on privacy, free expression, and safety issues. She is the author of two books: Fearless Speech (Bold Type Books, 2024) and The Cult of the Constitution (Stanford Press, 2019). She holds a J.D. from Harvard Law School as well as a doctorate and a master’s degree from Oxford University, where she studied as a Rhodes Scholar. She is an Affiliate Fellow of the Yale Law School Information Society Project and is admitted to practice in the U.S. Supreme Court and the District of Columbia.