Dahlia Lithwick talks to First Amendment law professor Mary Anne Franks to explore the inversion of free speech in America this past week, and to trace the ways our assumptions about the First Amendment helped to tip us into this upside-down. Dr. Franks, author of Fearless Speech: Breaking Free from the First Amendment, explains the contradictions inherent in free-speech absolutism, the role of government in suppressing dissent, and the impact of media and entertainment on public discourse. What are we to make of a movement that screamed “jawboning” and “censorship” for a decade, but when handed power enthusiastically enacts actual governmental speech suppression and censorship? And what does the First Amendment mean if the powerful are consistently afforded maximum power in the “marketplace of ideas”?

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