Judicial Protection of Fundamental Rights in the Transition from the World of Atoms to the Word of Bits: The Case of Freedom of Speech

European Law Journal, Forthcoming

13 Pages Posted: 31 May 2019

See all articles by Oreste Pollicino

Oreste Pollicino

Bocconi University - Department of Law

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Date Written: April 13, 2019

Abstract

This article underlines the role of Courts in protecting fundamental rights in the atomic and the digital dimension. The main aim of this work is to show how the coming of the Internet has affected the exercise and the judicial protection of freedom of expression in a comparative perspective. In order to answer this research question, this study will focus on the role of Courts as ‘playmakers’ in interpreting and solving issues deriving from interconnected legal regimes affecting the protection of fundamental rights and, especially, free speech. More specifically, the comparative focus will be on the decisions of the European Court of Justice, the European Court of Human Right and the US Supreme Court.

Keywords: Freedom of Expression, Supreme Courts, Fundamental Rights

Suggested Citation

Pollicino, Oreste, Judicial Protection of Fundamental Rights in the Transition from the World of Atoms to the Word of Bits: The Case of Freedom of Speech (April 13, 2019). European Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3371697

Oreste Pollicino (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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