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Dr. Mary Anne Franks Profile picture
@ma_franks
May 28, 2020 • 14 tweets • 7 min read • Read on X
For those suspicious of the newfound hostility of powerful elites to Section 230, but who are interested in discussions of the real problems with the law and possibilities for meaningful reform of the tech industry, here is a thread of some of my recent work on the subject.
My 2020 @OhioStateTechLJ Distinguished Lecture on the State of Internet Law, "How the Internet Unmakes Law" moritzlaw.osu.edu/ostlj/2020/04/…
My @HarvLRev blog post with @daniellecitron, "Cyber Civil Rights in the Time of Covid-19," blog.harvardlawreview.org/cyber-civil-ri…
My 2020 forthcoming article in @UChiLegalForum with @daniellecitron, "The Internet As a Speech Machine and Other Myths Confounding Section 230 Reform" papers.ssrn.com/sol3/papers.cf…
My 2019 @nytimes op-ed critiquing Section 230, "Our Collective Responsibility for Mass Shootings" imes.com/2019/10/09/opi…
My remarks at the @TheJusticeDept's workshop on Section 230 in February 2020 (my panel begins around 1:43:11): justice.gov/opa/video/sect…
Chapter 4 of my 2019 book, The Cult of the Constitution, "The Cult of the Internet" sup.org/books/title/?i…
My 2019 @knightcolumbia essay, "The Free Speech Black Hole: Can The Internet Escape the Gravitational Pull of the First Amendment?" knightcolumbia.org/content/the-fr…
My 2018 @HarvLRev book review discussing the failings of tech self-regulation, "Justice Beyond Dispute" harvardlawreview.org/2018/03/justic…
My 2017 essay on Zeran v AOL, "Moral Hazard on Stilts: Zeran's Legacy" finance.yahoo.com/news/moral-haz…
Adding corrected link for my Oct 2019 @nytimes op-ed on Section 230 and collective responsibility (link is broken in thread above): nytimes.com/2019/10/09/opi…
Adding link to my Jan 2021 contribution to the @StanfordCyber Policy Series Recommendations to the Biden-Harris Administration, "Reforming Section 230 and Platform Liability," which includes a specific proposal for revising the law fsi-live.s3.us-west-1.amazonaws.com/s3fs-public/cp…
And here is the link to my Feb 2021 @lawfareblog essay, "Section 230 and the Anti-Social Contract" lawfareblog.com/section-230-an…
And here's where you can read the final version of my Dec 2020 co-authored piece with @daniellecitron, "The Internet as a Speech Machine and Other Myths Confounding Section 230 Reform" chicagounbound.uchicago.edu/cgi/viewconten…

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More from @ma_franks

Dr. Mary Anne Franks Profile picture
Oct 25, 2024
🧵In all sincerity, I am delighted to finally see a critical take on my book by someone who has actually read it and which doesn't involve threats of violence, racial slurs, or comments about my shoes. So thank you, @JMchangama, for that!
That being said, the critique you offer is only interesting if I had in fact claimed that the First Amendment "only" protects the powerful. But I do not claim this. In fact, I note several cases & principles that are notable for protecting vulnerable & dissenting individuals.
But so many books about the First Amendment are essentially hagiographies - the cases you cite and the points you make are all very well-trodden ground in the civil libertarian orthodoxy. What is certainly true is that my book does not repeat that party line.
Read 12 tweets
Dr. Mary Anne Franks Profile picture
Apr 19, 2023
I'll have more to say later about the Supreme Court argument in Counterman that just concluded, but a couple of moments that stand out: 1. Male Justices reading out messages sent to the stalking victim, joking & laughing about how they've said or been told similar things.
2. A Justice warning that the reasonable person standard is unworkable because people are so much more sensitive these days.
3. Another Justice offering an example of this hyper-sensitivity in the form of a hypothetical black student feeling personally physically threatened by a history lesson about lynching.
Read 14 tweets
Dr. Mary Anne Franks Profile picture
Dec 3, 2022
The fact that some people believe that a private company's decision to remove nonconsensual pornography from its platform violates the First Amendment is a truly depressing indictment of both constitutional literacy and basic ethics.
There is no constitutional right to post nonconsensual pornography, and (shocking that this needs to be said) there is certainly no constitutional obligation to do so. It is a literally a crime in most US states.
Private companies who choose not to allow nonconsensual pornography on their platforms are not violating the First Amendment - in fact, they are exercising their First Amendment rights. Freedom of speech and association includes the right not to speak and not to associate.
Read 7 tweets
Dr. Mary Anne Franks Profile picture
Apr 19, 2021
Mississippi becomes 48th state to pass legislation criminalizing nonconsensual pornography. Remaining states with no law are Massachusetts and South Carolina. @CCRInitiative billstatus.ls.state.ms.us/2021/pdf/histo…
Unfortunately, like far too many others, Mississippi's law is restricted to perpetrators who acted with the intent to harm the victim. That means people who distribute private, intimate imagery for any other reason - voyeurism, profit, entertainment, etc -can do so with impunity.
According to @CCRInitiative's research, that's nearly 80% of all perpetrators of nonconsensual pornography. Let's hope Mississippi & all other states with misguided intent to harm provisions in their laws correct this serious flaw soon. cybercivilrights.org/wp-content/upl…
Read 9 tweets
Dr. Mary Anne Franks Profile picture
Apr 17, 2021
It's admirable that @NickKristof & @nytimes are bringing attention to nonconsensual pornography & image-based sexual abuse, but the article missed an opportunity to highlight the work of experts & advocates who've been in this space for years. nytimes.com/2021/04/16/opi…
There's no mention of @CCRInitiative, founded by survivor @HoLLyCCRi, which has been at the front lines of every major legislative & tech policy reform effort on nonconsensual porn in the U.S, nor of groundbreaking attorneys like @cagoldberglaw, @elisadamico, or @ericajstone.
And yet the article does find space to quote a man that journalist @lukeobrien calls "America’s foremost attorney for far-right extremists," who has a history of harassing nonconsensual pornography victims & advocates. huffpost.com/entry/alex-jon…
Read 7 tweets
Dr. Mary Anne Franks Profile picture
Dec 30, 2020
Breaking: Minnesota Supreme Court unanimously upholds state's nonconsensual pornography law against First Amendment challenge. Like Vermont & Illinois before it, MN recognizes that "revenge porn" is not protected free speech. mncourts.gov/mncourtsgov/me… @CCRInitiative @MiamiLawSchool
It was an honor to work with @johnlesch to draft Minnesota's law, & it is gratifying to see the state's highest court citing @CCRInitiative's amicus brief & the arguments I & others have been making for years (for example in my 2017 @FloridaLawRev piece scholarship.law.ufl.edu/cgi/viewconten…)
One of the arguments I made in 2017 is that there's no such thing as a naked photo emergency - that is, there's always time to get consent before disclosing an intimate image - and so I was particularly pleased to see the footnote on page 20 of the opinion.
Read 4 tweets

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