Slate News Amicus With Dahlia Lithwick | Law, justice, and the courts - Free Speech Is The Enemy of Free Speech, Apparently
Sep 20, 2025
Mary Anne Franks, a First Amendment and civil rights law professor at George Washington University, delves into the complexities of free speech in America. She highlights how free speech absolutism paradoxically undermines dissent, using recent cases like Charlie Kirk's to illustrate power's manipulation of free speech rhetoric. Franks also discusses the intertwining of technology, media, and governmental influence, exploring how these factors have muddled public discourse and led to a troubling erosion of First Amendment principles.
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When Government Coerces Private Platforms
- Government pressure on private platforms (intermediary pressure) raises First Amendment issues when it coerces private decisions.
- The NRA v. Vullo precedent shows coercion of intermediaries can itself be unconstitutional.
Litigation Isn't A Preventive Shield
- The First Amendment often fails to protect people proactively and instead provides belated remedies after chilling has occurred.
- Litigation after suppression doesn't prevent the initial chilling and quieting of dissenting voices.
Marketplace Myth Masks Consolidation
- The "marketplace of ideas" myth ignores how market power concentrates speech and silences minorities.
- Consolidation and platform-government blending amplify unequal influence rather than fair debate.
