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We are well into week two of a sprawling and largely trivial national debate over free speech, incitement, culture, and the media. This conversation has been cynically deployed by opponents of free speech to punish workers, fire academics, and cancel speakers, and it’s been done while maintaining that this is the way to best protect freedom, democracy, and free expression. Clearly, either the First Amendment has swallowed itself, or the country has turned it upside down.

The truth is that both are happening. On this week’s Amicus podcast, Dahlia Lithwick spoke with Mary Anne Franks, who teaches civil rights law at the George Washington University Law School. She

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