Public Policy Matters
Rational Public Policy with Common Sense requires a well informed and engaged public. Apathy and indifference won't keep us safe or secure.
June 28, 2025
Rational Public Policy with Common Sense requires a well informed and engaged public. Apathy and indifference won't keep us safe or secure.
June 28, 2025
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In Boston Globe op-ed, a law professor asks for a 'redo' of the First Amendment
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Contributor's comments:
Mary Anne Franks, an actual law professor at the University of Miami School, has proposed a “redo” of the First Amendment in a Boston Globe oped. (She likewise proposed a “redo” of the Second Amendment, but perhaps that's better handled separately.)
The first and most important of the amendments, she writes, is “deeply flawed” in its conceptualization “of some of the most important rights of a democratic society: the freedom of expression and religion.” The amendment as it stands now, Franks adds, it’s “highly susceptible to being read in isolation from the Constitution as a whole and from its commitments to equality and the collective good.”
The First Amendment, she continues, tends to be “interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights. This in turn allows the most powerful members of society to reap the benefits of these constitutional rights at the expense of vulnerable groups.”
The solution to this conundrum, then, is to have the First Amendment explicitly situate “individual rights within the framework of ‘domestic tranquility’ and the ‘general welfare’ set out in the Constitution’s preamble.” This way, she argues, abuses such as the Supreme Court’s ruling in Citizens United can be avoided in future free speech cases.
The principle of the separation of church and state should also be made explicit.
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https://www.msn.com/en-us/news/us/in-boston-globe-op-ed-a-law-professor-asks-for-a-redo-of-the-first-amendment/ar-AARVgPK?ocid=msedgntp
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Home | General Survey | Community Survey | Issues
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Articles, Columns and Links
Private Benefit Trust welcomes articles, contributions, and links from local journalists, writers, and contributors
Sort by: area | title | recent Or: add or suggest an article
In Boston Globe op-ed, a law professor asks for a 'redo' of the First Amendment
view | edit | list | share
Contributor's comments:
Mary Anne Franks, an actual law professor at the University of Miami School, has proposed a “redo” of the First Amendment in a Boston Globe oped. (She likewise proposed a “redo” of the Second Amendment, but perhaps that's better handled separately.)
The first and most important of the amendments, she writes, is “deeply flawed” in its conceptualization “of some of the most important rights of a democratic society: the freedom of expression and religion.” The amendment as it stands now, Franks adds, it’s “highly susceptible to being read in isolation from the Constitution as a whole and from its commitments to equality and the collective good.”
The First Amendment, she continues, tends to be “interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights. This in turn allows the most powerful members of society to reap the benefits of these constitutional rights at the expense of vulnerable groups.”
The solution to this conundrum, then, is to have the First Amendment explicitly situate “individual rights within the framework of ‘domestic tranquility’ and the ‘general welfare’ set out in the Constitution’s preamble.” This way, she argues, abuses such as the Supreme Court’s ruling in Citizens United can be avoided in future free speech cases.
The principle of the separation of church and state should also be made explicit.
Click to learn more: (opens in a new tab)
https://www.msn.com/en-us/news/us/in-boston-globe-op-ed-a-law-professor-asks-for-a-redo-of-the-first-amendment/ar-AARVgPK?ocid=msedgntp
Share!
OID: 1639829990 @ 12.18.21 12:19:50 (offset server time)
edit | list articles | add or suggest an article
click here to add your argument or comment (for or against this position)
Are you part of the problem?
News Matters
Home | Contact Us | PBR Development
Copyright (c) 2009-2025