Mary Anne Franks, a professor at the University of Miami School of Law, has proposed a “redo” of the First Amendment in a Boston Globe op-ed. (She likewise proposed a “redo” of the Second Amendment, but perhaps that’s better handled separately.)

The first and most important of the amendments, she wrote, is “deeply flawed” in its conceptualization “of some of the most important rights of a democratic society: the freedom of expression and religion.” The amendment as it stands now, Franks added, is “highly susceptible to being read in isolation from the Constitution as a whole and from its commitments to equality and the collective good.”