New Books In Law

Mary Anne Franks, “The Cult of the Constitution” (Stanford UP, 2019)

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Synopsis

We Americans are defined by our Constitution and we cherish especially the First and Second Amendments. But like all texts, the Constitution can be read to empower and protect our individual rights, but it can also be used selectively, self-servingly, and in bad faith. And the Constitution guarantees two things: our own personal liberties, unfettered by threats from the government, and equal treatment before the law. So is online harassment, assault weapons in every hand, and hate speech the price we all pay for the freedoms we enjoy? Or is is the price that certain people pay and others don't? Professor Mary Anne Franks, author of The Cult of the Constitution (Stanford University Press, 2019) is an expert on the First and Second Amendments and the author of several legislative bills that now govern the nonconsensual pictures of intimacy distributed online (also called "revenge porn"). She asks whether our country's faith and belief in the Constitution amounts to something like a cult, where unquestioning bel