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Dr. Mary Anne Franks Profile
Dr. Mary Anne Franks

@ma_franks

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Author, The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech @stanfordpress . Law Professor @GWLaw . President @CCRInitiative .

Joined October 2013
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@ma_franks
Dr. Mary Anne Franks
1 year
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.
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@ma_franks
Dr. Mary Anne Franks
4 years
Andy Samberg's reaction to Portrait of a Lady on Fire may be the best review of the film yet
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@ma_franks
Dr. Mary Anne Franks
4 years
"France is relocating women beaten by their partners into hotels, and has created a secret code word for them to discreetly seek help in pharmacies, in response to a huge increase in domestic abuse during the coronavirus lockdown."
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Dr. Mary Anne Franks
5 years
Critics of @AOC 's tax proposal "displayed their rank ignorance of how the federal income tax works. That’s the charitable explanation of their reaction. The only other explanation is that they know how it works, and they were lying"
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@ma_franks
Dr. Mary Anne Franks
5 years
Among the enraging aspects of this is how women's consensual sexual conduct continues to be judged so much more harshly than men's nonconsensual sexual conduct. It's not just that @RepKatieHill is leaving office; it's that men who have raped, battered, & harassed women aren't.
@RepKatieHill
Rep. Katie Hill
5 years
It is with a broken heart that today I announce my resignation from Congress. This is the hardest thing I have ever had to do, but I believe it is the best thing for my constituents, my community, and our country. See my official statement below.
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@ma_franks
Dr. Mary Anne Franks
2 years
Free speech, except for women.
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@ma_franks
Dr. Mary Anne Franks
2 years
Forcing women to give birth against their will is barbaric.
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@ma_franks
Dr. Mary Anne Franks
9 years
If Congress is concerned about organizations profiting from dead children, it should be investigating the #NRA , not #PlannedParenthood
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@ma_franks
Dr. Mary Anne Franks
3 years
Gentle reminder that the First Amendment prevents the government from punishing individuals for speech. It doesn't give anyone the right to a particular platform, publisher, or audience; in fact, it protects the right of private entities to choose what they want to say or hear.
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@ma_franks
Dr. Mary Anne Franks
5 years
As @AOC says, β€œWomen in leadership face more scrutiny," including being targeted for nonconsensual porn, both fake & real. That's why @CCRInitiative works for legislative & tech reform on these issues - everyone deserves equal protection online & off.
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@ma_franks
Dr. Mary Anne Franks
4 years
What is truly beyond satire is a person with a law degree calling a private entity's choice to enforce its own terms and services "censorship," especially given that Twitter added, not removed, speech.
@tedcruz
Ted Cruz
4 years
Beyond satire. Twitter is literally censoring the President of the United States for saying that violent anarchists will not be allowed to take over our nation’s capital & that law enforcement will act to protect public safety. In Big Tech’s Orwellian world, that’s β€œabusive.”
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@ma_franks
Dr. Mary Anne Franks
2 years
Yes. This is why people who actually understand the law say that this case should have never gone anywhere: those sentences in the op-ed were objectively true.
@JamesSurowiecki
James Surowiecki
2 years
1. The longer you look at it, the weirder the jury's verdict in the Depp-Heard case looks - even if you assume Heard lied constantly. The sentences from her op-ed that were at issue were phrased so carefully and vaguely that it's hard to see how a jury found them defamatory.
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Dr. Mary Anne Franks
2 years
"This verdict will further embolden abusers to use the law to coerce, control and silence vulnerable individuals."
@Law360
Law360
2 years
Johnny Depp's $15 million defamation victory against ex-wife Amber Heard could chill participation in public discussions, including by lawyers who attack their clients' accusers in the media.
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@ma_franks
Dr. Mary Anne Franks
1 year
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.
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@ma_franks
Dr. Mary Anne Franks
8 years
Rush Limbaugh complains that "the Left" treats nonconsensual sex as rape #TrumpsAmerica
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@ma_franks
Dr. Mary Anne Franks
6 years
"The even-tempered and dignified judicial persona that Kavanaugh has worked so hard to cultivate fell away to reveal a sneering and volatile boy with his arms crossed, furious not to be getting his way."
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@ma_franks
Dr. Mary Anne Franks
4 months
The Supreme Court is a death panel.
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@AP
The Associated Press
4 months
BREAKING: The Supreme Court allows Idaho to enforce its strict abortion ban, even in medical emergencies
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@ma_franks
Dr. Mary Anne Franks
12 days
This is a public official calling college students "monsters" that must be "slain" and for faculty and schools to be "razed."
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@ma_franks
Dr. Mary Anne Franks
2 years
"they're not going to stop until she dies"
@nadinebh_
Nadine Batchelor-Hunt
2 years
I’ve never seen this before and it makes the hounding of them by the British tabloids even more grotesque
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@ma_franks
Dr. Mary Anne Franks
7 days
Scott just accused Sanders, who is Jewish, of "speaking with a forked tongue" in calling for a commitment not just to fight anti-Semitism but all forms of hatred.
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@ma_franks
Dr. Mary Anne Franks
6 years
"Footage shows Mamoudou Gassama, a Malian immigrant, climbing up to a fourth-floor balcony to bring the child to safety"
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@ma_franks
Dr. Mary Anne Franks
1 year
4. Exhaustive references to the supposed chilling effect of stalking statutes that focus on objective intent, but not a single reference to the chilling effect on victims of stalking.
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@ma_franks
Dr. Mary Anne Franks
1 year
The overall impression was that the Court views the well-documented and severe physical, associational, and expressive harms to victims of stalking as simply trivial compared to the speculative risk that some speakers may hesitate to engage in objectively threatening speech.
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@ma_franks
Dr. Mary Anne Franks
1 year
The Court's newfound skepticism about the reasonable person standard is ... something, especially given how comfortable they are with its use in vast areas of the law, including in determining whether cops can make pretextual stops without violating the 4th Amendment
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@ma_franks
Dr. Mary Anne Franks
1 year
It is sad that it is necessary, but this debunking of First Amendment misinformation from @RepRaskin is a true public service
@atrupar
Aaron Rupar
1 year
it's sad that Raskin has to explain the 1st Amendment to Republicans like this
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@ma_franks
Dr. Mary Anne Franks
1 year
2. A Justice warning that the reasonable person standard is unworkable because people are so much more sensitive these days.
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@ma_franks
Dr. Mary Anne Franks
4 years
"I'm going to shut down an entire social media platform because it suggested that my false claims needed correction" is, among other things, the ultimate snowflake move.
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@ma_franks
Dr. Mary Anne Franks
1 year
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.
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@ma_franks
Dr. Mary Anne Franks
1 year
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.
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@ma_franks
Dr. Mary Anne Franks
7 days
We just witnessed an incredible display of sincere, principled, and passionate concern for the welfare of young people across the United States, and it wasn't from Scott.
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@ma_franks
Dr. Mary Anne Franks
1 year
5. Zero empirical evidence offered of said chilling effect of the objective intent standard in stalking statutes.
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@ma_franks
Dr. Mary Anne Franks
7 days
Sanders back up now, reminding Scott of the young Palestinian men who were shot in Vermont a few months ago.
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@ma_franks
Dr. Mary Anne Franks
2 years
Your semi-regular reminder that Twitter is not now nor has ever been synonymous with "free speech." It's not a public square, it's not a town hall, it's a corporate-owned property that is designed to exploit people's free labor for profit.
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@ma_franks
Dr. Mary Anne Franks
1 year
The reasonableness standard also governs self-defense law, a point we highlighted in our amicus brief, along with the potential consequences of requiring a higher legal standard for stalking convictions than for the use of deadly force.
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@ma_franks
Dr. Mary Anne Franks
3 years
Oh, how embarrassing for you, Mr. Epstein, Joe, kiddo
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@ma_franks
Dr. Mary Anne Franks
11 months
Gist of the Counterman decision: the Supreme Court has just decreed that stalking is free speech protected by the First Amendment if the stalker genuinely believes his actions are non-threatening. That is, the more deluded the stalker, the more protected the stalking.
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@ma_franks
Dr. Mary Anne Franks
3 years
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. @CCRInitiative @MiamiLawSchool
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@ma_franks
Dr. Mary Anne Franks
4 years
Wikipedia has a women problem:
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@zeynep
zeynep tufekci
4 years
Yep. Wikipedia is a genuine huge barrier to women in publicβ€”most people’s first impression of someone is a Wikipedia page. Women are edited harshly, not contributed to, overlooked or deleted. You can help out by editing, adding and pushing back as much as possible.
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@ma_franks
Dr. Mary Anne Franks
4 years
Forget the oddities of the Nestor story for a moment, and focus on the fact that Matt Gaetz says that being challenged by Rep. Richmond, a black man, β€œmade me want to get up and rip his head off.”
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@ma_franks
Dr. Mary Anne Franks
2 years
Women are officially second-class citizens, according to the majority of the Supreme Court.
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@ma_franks
Dr. Mary Anne Franks
1 year
6. No acknowledgement of the tension between the petitioner's claim that the objective intent standard chills speech, but also that adopting the subjective intent standard wouldn't change the outcome of most cases.
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@ma_franks
Dr. Mary Anne Franks
7 days
In other words, the idea that only Jewish students are facing discrimination and violence is patently absurd.
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@ma_franks
Dr. Mary Anne Franks
5 years
"as my final act, I voted to move forward with the impeachment of Donald Trump on behalf of the women of the United States of America. We will not stand down, we will not be broken, we will not be silenced...I yield the balance of my time for now, but not forever." @KatieHill4CA
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@ma_franks
Dr. Mary Anne Franks
1 year
I am thrilled to announce that I will be joining the George Washington Law faculty as the inaugural Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law this fall! @gwlaw
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@ma_franks
Dr. Mary Anne Franks
4 years
If we want to talk about who hates America, look no further than those who are demanding that lawfully cast votes not be counted in an election.
@PattersonNBC
Steve Patterson
4 years
#BREAKING : Large, animated crush of β€œstop the count” protestors trying to push their way into TCF hall in #Detroit where ballots are being counted. They’re being blocked by guards at the door. Pizza boxes are pushed against the window to obstruct view. It’s tense. @NBCNews
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@ma_franks
Dr. Mary Anne Franks
3 years
Historic moment! US House of Representatives just passed the 2021 Violence Against Women Reauthorization Act, including the #SHIELDAct amendment to prohibit nonconsensual pornography! We are one step closer to criminalizing this egregious form of abuse. @CCRInitiative #VAWA21
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@ma_franks
Dr. Mary Anne Franks
1 year
Page 53-54, Justice Roberts reading out (of context) some of the thousands of messages that Counterman sent to the victim, to laughter:
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@ma_franks
Dr. Mary Anne Franks
8 days
Bernie Sanders right now in front of the Senate, demonstrating true leadership and moral courage
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@ma_franks
Dr. Mary Anne Franks
4 years
Daisy Coleman's mother: "I think she had to make it seem like I could live without her. I can’t. I wish I could have taken the pain from her! She never recovered from what those boys did to her and it’s just not fair. My baby girl is gone." @CCRInitiative
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@ma_franks
Dr. Mary Anne Franks
7 days
Sanders also noted how anti-Asian hatred has spread throughout the US, particularly in the wake of the Trump administration's racist terminology around COVID
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@ma_franks
Dr. Mary Anne Franks
2 years
And she wept, for there were no more worlds to conquer
@ratemyskyperoom
Room Rater
2 years
Well composed shelf setup. Love the book stand. Animal friends. Nice twigs. 10/10 @ma_franks
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@ma_franks
Dr. Mary Anne Franks
7 years
In the tech industry, "the ability to neatly reject a man’s advances without injuring his ego" is an important skill
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@ma_franks
Dr. Mary Anne Franks
4 years
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.
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@ma_franks
Dr. Mary Anne Franks
1 year
Page 65, Justice Gorsuch expressing concern about the reasonable person standard means in a world in which people are "increasingly sensitive"
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@ma_franks
Dr. Mary Anne Franks
5 years
1. The result in this case is truly obscene. A teenage girl is the victim of nonconsensual pornography, but she is the one charged & punished – for child pornography of herself. @CCRInitiative
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@ma_franks
Dr. Mary Anne Franks
1 year
Pages 80-82, Justice Barrett also expressing her concern about increased sensitivity, using the hypothetical example of a "black college student" who might interpret a college lecture about lynching as a physical threat:
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@ma_franks
Dr. Mary Anne Franks
3 years
Mourning the death of Egyptian doctor, writer, and feminist Nawal El Saadawi, a true free speech - and fearless speech - hero. "They said, 'You are a savage and dangerous woman.' 'I am speaking the truth. And the truth is savage and dangerous.'"
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@ma_franks
Dr. Mary Anne Franks
4 years
It's not just the Women's March photos: the government is destroying national records on everything from the sexual abuse of children to presidential records to the safety of drinking water. #censorship
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@ma_franks
Dr. Mary Anne Franks
4 years
Twitter has just flagged Trump's tweet containing a threat to shoot protesters for violating its rules against glorifying violence, but has left the content of the tweet accessible on the grounds of public interest.
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@ma_franks
Dr. Mary Anne Franks
1 year
Page 72, Justice Thomas also expressing doubts about the reasonable person standard because "we're more hypersensitive now"
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@ma_franks
Dr. Mary Anne Franks
5 years
Everyone is entitled to intimate privacy, from the powerful to the powerless. @JeffBezos asks the right question at a truly vulnerable moment: "If in my position I can’t stand up to this kind of extortion, how many people can?" @CCRInitiative
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@ma_franks
Dr. Mary Anne Franks
1 year
Transcript is now available at . Here are some portions I referred to above:
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@ma_franks
Dr. Mary Anne Franks
4 years
As a private entity, Twitter is free to delete anything it likes, especially if that speech violates its policies. Exempting powerful people from the rules isn't "free speech," it's elitism.
@JonathanTurley
Jonathan Turley
4 years
CNN just covered Twitter's correct refusal to delete the tweets. No discussion of the free speech implications. Donie O'Sullivan just said it is about Twitter appeasing the President and Brian Stelter agreed this is only about appeasement. Not free speech.
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@ma_franks
Dr. Mary Anne Franks
4 years
When armed men storm a government building demanding that lawmakers give in to their demands, that's not "protest." That's terrorism.
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@ma_franks
Dr. Mary Anne Franks
4 years
So when demonstrators block traffic to protest police killings of unarmed black people, conservatives advocate shooting and running them down, but when white Trump supporters block traffic to intimidate voters, it's patriotism?
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@ma_franks
Dr. Mary Anne Franks
3 years
Yes. As I wrote in The Cult of the Constitution:
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@ma_franks
Dr. Mary Anne Franks
5 years
One of the many terrible effects of nonconsensual pornography is how it can be used to drive women out of politics.
@heatherscope
Heather Caygle
5 years
NEWS: Rep. Katie Hill resigning after allegations of improper relationships with staffers. Story W @BresPolitico
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@ma_franks
Dr. Mary Anne Franks
3 years
The court's ruling today is truly perverse, for all the reasons that @cagoldberglaw sets out in this thread. This doesn't protect "free speech" - it protects abusers, rapists, hackers, revenge porn traffickers, & self-appointed journalists who target famous or influential women.
@cagoldberglaw
Carrie Goldberg
3 years
Dismissing Katie Hill’s case on ANTI-SLAPP grounds sets a dangerous precedent for victims of nonconsensual pornography everywhere. Anybody who dares enter the public eye should now have legitimate concern that old nude and sexual images can be shared 3/
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@ma_franks
Dr. Mary Anne Franks
7 days
Tim Scott claiming that recognizing any other form of bias and intimidation other than anti-Semitism is anti-Semitic, basically
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@ma_franks
Dr. Mary Anne Franks
6 years
Someone forgot to buy his domain name
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@ma_franks
Dr. Mary Anne Franks
4 years
Supreme Court denies cert in Austin v. Illinois, letting stand IL Supreme Court’s determination that the state’s nonconsensual pornography law (which I helped draft & is the strongest in the nation) is consistent with the First Amendment. @CCRInitiative
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@ma_franks
Dr. Mary Anne Franks
10 months
I have now officially joined the @gwlaw faculty as the inaugural Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law:
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@ma_franks
Dr. Mary Anne Franks
3 years
Laura was an extraordinary human being. I hope that her incredible empathy and courage will be remembered, and emulated.
@SunSentinel
South Florida Sun Sentinel
3 years
FBI Special Agent Laura Schwartzenberger, 43, lived in Coral Springs was a longtime investigator who specialized in child porn cases.
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@ma_franks
Dr. Mary Anne Franks
4 years
"black fathers are more likely to feed, bathe, diaper, dress and play with their children on a daily basis than their white and Hispanic counterparts"
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@ma_franks
Dr. Mary Anne Franks
4 years
Wait A MINUTE. This would be Matt Gaetz, who, as a Florida state representative in 2013, tried to gut that state's revenge porn bill by filing last-minute amendments restricting it to material taken (not posted) without consent & only if not removed in 48 hours after warning
@mattgaetz
Matt Gaetz
4 years
Fact Check: False I’m loudly on the right side of the Revenge Porn issue...unlike virtually every Democrat in Congress. Ask revenge porn victim @katiehill4ca Now that you mention it, why hasn’t @joebiden defended Katie Hill yet? Silence is misogyny if you ask me...
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@ma_franks
Dr. Mary Anne Franks
4 years
The president of the United States is calling for the extrajudicial killings of Americans.
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@ma_franks
Dr. Mary Anne Franks
4 years
Rev. Mariann Budde denounces Trump for tear gassing protesters and using "one of our churches as a prop, holding a Bible, one that declares that God is love and when everything he has said and done is to enflame violence."
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@ma_franks
Dr. Mary Anne Franks
6 years
Proud to have signed this letter, appalled that it had to be written. #Kavanaugh
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@ma_franks
Dr. Mary Anne Franks
6 years
#CatPerson author interview: "it speaks to the way that many women, especially young women, move through the world: not making people angry, taking responsibility for other people’s emotions, working extremely hard to keep everyone around them happy."
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@ma_franks
Dr. Mary Anne Franks
2 years
"It will have a devastating effect on survivors, who will be silenced, now, with the knowledge that they cannot speak about their violent experiences at men’s hands without the threat of a ruinous libel suit. In that sense, women’s speech just became a lot less free."
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@ma_franks
Dr. Mary Anne Franks
1 year
The claim that the First Amendment forces private companies to publish revenge porn cannot be taken seriously, however much it will be embraced by perverts and grifters.
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@ma_franks
Dr. Mary Anne Franks
3 years
@JonesForAR @justinhendrix How mutual that feeling is!
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@ma_franks
Dr. Mary Anne Franks
1 year
If you care about image-based sexual abuse (aka nonconsensual pornography/revenge porn), contact @LeaderMcConnell NOW to ask him to include the bipartisan SHIELD Act (Stopping Harmful Image Exploitation and Limiting Distribution Act) in the omnibus.
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@ma_franks
Dr. Mary Anne Franks
4 years
PSA #1 to professors moving to online instruction: far-right activists are encouraging students to record & share videos of teachers to document supposed liberal "indoctrination." Be v careful not to inadvertently reveal any personal info in Zoom, etc- these people are vicious.
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@ma_franks
Dr. Mary Anne Franks
2 years
There's a reason why the conservative-dominated Supreme Court thinks the Constitution does not contain a right to an abortion but is convinced that it contains an individual right to posses firearms, and that reason is white male supremacy.
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Dr. Mary Anne Franks
7 days
Now it's Tim Scott, attacking Bernie Sanders for not taking anti-Semitism seriously enough.
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Dr. Mary Anne Franks
6 years
We should all question why men with a history of assaulting women should be allowed to own weapons, especially given how many mass shooters have such history. #MisogynyKills
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@ma_franks
Dr. Mary Anne Franks
4 years
The text of the order is available now. It's exactly as opportunistic, constitutionally illiterate, Orwellian, and deliberately designed to distract from Trump's atrocities as one might expect.
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@ma_franks
Dr. Mary Anne Franks
4 years
When an outlet declines to publish your work, that's called rejection, not censorship.
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@ma_franks
Dr. Mary Anne Franks
3 years
Truly honored to be named the Michael R. Klein Distinguished Scholar Chair by @MiamiLawSchool ! @CCRInitiative
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@ma_franks
Dr. Mary Anne Franks
4 years
It is a true indictment of our country's selective constitutional illiteracy that there are people who think a social media company fact-checking the President is a violation of free speech but arresting a person for peaceful protest is not
@ma_franks
Dr. Mary Anne Franks
4 years
It appears that this woman was forcibly arrested and removed not for breaking any law, but simply for the words on her shirt - that is, for engaging in free speech.
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@ma_franks
Dr. Mary Anne Franks
11 months
Given that the Court has imposed a higher standard for state intervention against stalking than is used to lawfully justify the use of deadly force, it would seem that stalking victims are better off relying on lethal self-defense than law enforcement for protection.
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@ma_franks
Dr. Mary Anne Franks
1 year
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.
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Dr. Mary Anne Franks
5 years
2. The teenager in this case consensually sent a sexually explicit video of herself to two friends. One of them distributed the video without her consent. Her consensual act was punished while the friend's nonconsensual act is not. This is absurd and unjust.
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@ma_franks
Dr. Mary Anne Franks
4 years
So @Facebook flagged a post linking to an @abcnews article as "false" not because it contained any false info, or because the widely-circulated photo in it was in any way manipulated, but because some random @Twitter user made a false claim about it that @USATODAY debunked.
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Dr. Mary Anne Franks
2 years
"Sheena Greitens said her ex-husband admitted to her that he had, in fact, taken a compromising photo of his hairstylist that led to the felony invasion of privacy charge."
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