Mary Anne Franks is an American legal scholar, author, and professor known for her work on the First Amendment, free speech, privacy, gender, and the intersection of technology and law. She is currently a Professor of Law at the University of Miami School of Law and a legislative policy director and president of the Cyber Civil Rights Initiative (CCRI).
Biography and Career Franks earned her B.A. from the College of Social Studies at Wesleyan University, her J.D. from Harvard Law School, and her Ph.D. in philosophy from Harvard University. Prior to joining the faculty at the University of Miami, she served as a Climenko Fellow and Lecturer on Law at Harvard Law School. Her academic career has consistently focused on examining the challenges posed by new technologies to established legal frameworks, particularly concerning speech, privacy, and equality.
Key Contributions and Areas of Expertise Franks is a leading expert on the legal and social implications of online harassment, "revenge porn," and digital privacy. She has played a crucial role in drafting and advocating for anti-revenge porn legislation, contributing significantly to the passage of laws in multiple U.S. states designed to protect victims of image-based sexual abuse and hold perpetrators accountable. Her advocacy extends to a broader critique of existing legal protections, arguing that they often fail to adequately address the harms caused by digital technologies.
Her scholarship frequently explores the limits and responsibilities associated with free speech, advocating for a re-evaluation of First Amendment jurisprudence in the context of digital communication. She argues that traditional understandings of free speech can sometimes inadvertently protect and facilitate online abuse and discrimination, particularly against marginalized groups, and calls for a more nuanced approach that considers power dynamics and the potential for harm.
Published Works Franks is the author of the critically acclaimed book, The Cult of the Constitution: Our Deadly Devotion to an Illegal Document (Stanford University Press, 2019). In this work, she offers a trenchant critique of what she identifies as an uncritical veneration of the U.S. Constitution, arguing that such an approach can hinder efforts to achieve a more just and equitable society. The book challenges readers to reconsider fundamental assumptions about constitutional interpretation and its impact on contemporary issues of rights, equality, and governance.
She has also published numerous articles and essays in prominent law reviews, including the California Law Review, Boston University Law Review, and U.C. Davis Law Review, as well as contributing to public discourse in various media outlets on topics such as internet regulation, digital rights, and gender-based violence.
Advocacy and Public Engagement As president and legislative policy director of the Cyber Civil Rights Initiative (CCRI), Franks spearheads efforts to combat online abuse and promote digital privacy. Her work involves collaborating with lawmakers, technology companies, and advocacy groups to develop effective legal and policy solutions. She is a frequent commentator on legal issues related to technology and speech in national and international media, shaping public and legal understanding of these complex challenges.