Earlier this week on Capitol Hill, the Senate Judiciary Committee held a hearing titled “The Censorship Industrial Complex,” focusing on issues of free speech and censorship. When it came time for the Democrats’ witness to testify, many Republicans raised concerns about her past statements—both in tweets and published writings—on free speech and the Constitution, questioning her claims of impartiality.
During the hearing, Senator John Kennedy (R-LA) referenced several of the witnesses, Professor Mary Anne Franks’, past statements and pressed the George Washington law professor in a tense exchange. He challenged her ability to remain impartial on censorship issues under Donald Trump versus Joe Biden, particularly after she defended her claim that President Biden was better for the First Amendment than Trump.
Watch the full exchange here:
Here are some highlights from the transcript:
(Transcript has been edited for clarity and punctuation)
Senator Kennedy: You reviewed the two cases—Bruen, the Supreme Court case, and Dobbs. Do you remember that article?Dr. Franks: Yes, I do.Senator Kennedy: In this article, you said—and I’m quoting your words— “Taken together, these two cases demonstrate that the Supreme Court has embraced the use of the Constitution as a tool of racial patriarchy.” Did you say that?Dr. Franks: Yes.Senator Kennedy: Then you went on to say— “When the Supreme Court declares that there is a constitutional right to armed self-defense in public, it openly embraces and promotes a culture that privileges white men’s ability to terrorize and kill those that they perceive as threats.” Did I read that correctly?Dr. Franks: I believe so. Thank you for reading.Senator Kennedy: And did you also say in that article— “By simultaneously expanding white men’s right to kill and constricting women’s right not to die, this Supreme Court—the current United States Supreme Court—has turned the Constitution into a homicide pact as well.”
As the exchange grew more heated, Kennedy kept hammering her on what he saw as a lack of impartiality.
Senator Kennedy:Your political beliefs don’t impact your feelings about President Biden or President Trump?Dr. Franks: I don’t have feelings about either of them.Senator Kennedy: Seems to me like your favorite feeling is anger. Let me ask you this: you issued another tweet, this was in May of 2022. You’ve just been tweeting up a storm. You said— “There’s a reason why the conservative-dominated Supreme Court thinks the Constitution did not contain a right to an abortion but is convinced that it contains an individual right to possess firearms. And that reason is white male supremacy.” Did I read that correctly?Dr. Franks: Is there a question in this?Senator Kennedy: Did I read that correctly?Dr. Franks: Is there a question that’s relevant to this hearing?Senator Kennedy: Do you really think that the United States Supreme Court—you’re an officer of the court—is guided by white male supremacy?Dr. Franks: I believe that the First Amendment prohibits the president and other state officials from punishing people for—Senator Kennedy: Did you honestly say that, Professor? And you expect us—as a Democratic witness—to take you seriously? Are you kidding me?
The clashes with Republican senators didn’t end there. Senator Eric Schmitt (R-MO) challenged Professor Franks in another tense exchange, confronting her over a past statement in which she referred to free speech as a “neo-Confederation agenda.”
In another exchange after the Kennedy grilling, Senator Marsha Blackburn (R-TN) was up next and she immediately went after Professor Franks.
Here is the main exchange:
(Transcript has been edited for clarity and punctuation)
Senator Blackburn: Thank you, Mr. Chairman. And thank you to each of you for taking your time to be here today. Dr. Franks, we’re here to talk about free speech, correct?Dr. Franks: Yes.Senator Blackburn: And we are here to talk about that being a fundamental right guaranteed by the Constitution, correct?Dr. Franks: Yes.Senator Blackburn: Okay. And the Supreme Court plays an essential role in guaranteeing those constitutional rights, correct?Dr. Franks: Yes.Senator Blackburn: Now, I want to talk to you about a tweet you posted in January 2024. You said, “The Supreme Court is a death panel.” Is that your opinion?Dr. Franks: In the context of this hearing, I think it’s important to emphasize why I am here—which is to talk about my views on the First Amendment.Senator Blackburn:No, No, No, No. That’s not what I asked you. Do you think the Supreme Court is a death panel?Dr. Franks: In the context of the cases I was referring to—not for free speech—no, that was not the context of that particular comment.Senator Blackburn: Okay. Well, it appears that you see the Supreme Court as a death panel, and that is the same kind of rhetoric we continue to hear from some on the left who are trying to villainize justices who are doing their job. Let me ask you this: Do you look at Justices Sotomayor, Kagan, Jackson as members of the death panel or is this just the justices that you disagree with?
Dr. Franks, unsurprisingly, went on to once again blame Donald Trump and his administration for threatening judges, journalists, and civilians.
Rather than focusing on how to expand and protect free speech, Democrats chose to present yet another elitist professor with radical views on the First Amendment—someone more interested in smearing those she disagrees with than offering a balanced perspective, all while claiming impartiality.
Earlier this month, I wrote about how Democrats in Congress are facing the lowest approval ratings in history. With witnesses like this, it seems they’re determined to keep it that way.
Note: the headline has been updated to reflect that Dr. Franks is at George Washington Law, not Georgetown as previously written. It has been corrected.
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