Fearless Speech, Mary Anne Franks
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Fearless Speech
Breaking Free from the First Amendment

Author: Mary Anne Franks

Narrator: Soneela Nankani, Mary Anne Franks

Unabridged: 8 hr 28 min

Format: Digital Audiobook Download

Published: 10/15/2024


Synopsis

A powerful debunking of First Amendment orthodoxy that critiques "reckless speech," which endangers vulnerable groups, and elevates "fearless speech," which seeks to advance equality and democracy.

Freedom of speech has never been more important—or more controversial. From debates about what's permissible on social media, to the politics of campus speakers and corporate advertisements, the First Amendment is incessantly in the news and constantly being held up as the fundamental principle of American democracy. Yet, in reality, it has contributed more to eroding our democracy than supporting it.

In Fearless Speech, Dr. Mary Anne Franks emphasizes the distinction between what speech a democratic society should protect and what speech a democratic society should promote.  While the First Amendment in theory is politically neutral, in practice it has been legally deployed most visibly and effectively to promote powerful antidemocratic interests: misogyny, racism, religious zealotry, and corporate self-interest, in other words, reckless speech. Instead, Franks argues, we need to focus on fearless speech—speakers who have risked their safety, their reputations, and in some cases their lives, to call out injustice and hold the powerful accountable. Whether it be civil rights leaders, the women of the #MeToo movement, or pro-choice advocates, Franks shows us how their cases and their voices can allow us to promote a more democratic version of free speech. 

Told through an accessible narrative and ending with a call for change that urges us to reevaluate the legal precedents and uses of the First Amendment, Fearless Speech  is a revelatory new argument that urges us to reimagine what our society could look like. 

Author Bio

Mary Anne Franks is Professor of Law at the University of Miami School of Law and President and Legislative & Tech Policy Director at the Cyber Civil Rights Initiative (CCRI). Franks's writing and research have been featured in Time, the New Yorker, the Atlantic, and the Guardian, among other outlets.

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