Fearless Speech - Breaking Free from the First Amendment

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 effe