Fearless Speech: Breaking Free from the First Amendment

Franks (intellectual property, technology, and civil rights, George Washington Univ. Sch. of Law; The Cult of the Constitution) delivers a blistering takedown of the view that the First Amendment allows all speech. She points out that the law applies to government restrictions, not private ones, and the government can restrict speech to protect society. Her book begins with the film Birth of a Nation, which she asserts utilized the First Amendment in a way that promoted a white-supremacist agenda. Franks addresses book bans and blames the ACLU for many things, including that it supports the right to free speech for everyone—racists and misogynists included. The book criticizes Elon Musk’s X and other social media platforms for using Section 230, which prevents users and providers from being held liable for information provided by another person, to avoid making them safe. Franks concludes with a call for fearless speech and profiles of people who have spoken out against oppression. She also proposes more FTC regulation, a Fearless Speech Curriculum in schools, and social media redesigns.