Taiwan’s Xiaohongshu Ban and Freedom of Expression
On December 4, 2025, Taiwan's Ministry of Interior imposed a one-year ban on Xiaohongshu (Rednote), a Chinese social media platform, which has become an important source of everyday information, particularly for younger users in Taiwan. The government’s decision to block access to the platform raises fundamental questions about platform governance in democracies: how should governments balance cybersecurity concerns with freedom of expression? These questions arise with particular intensity in Taiwan.
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Taiwan’s Constitutional Grey Hole
Since late 2024, the Taiwan Constitutional Court has been unable to issue merits-based decisions. The Court is neither resolving separation-of-powers disputes between the executive and legislature nor providing fundamental rights protection for individuals. This institutional deadlock constitutes a constitutional “grey hole”, where only the form of the legal order exists, without any substantive protections. All proposed solutions carry limitations, and some may even exacerbate rather than alleviate the problem.
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The Great Recall Movement
Confronted with lawmakers they themselves elected just eighteen months ago, Taiwanese citizens have creatively repurposed the antiquated mechanism of "recall" as a last-resort check on a runaway legislature. Sparked by a year of legislative overreach and erosion of constitutional checks, this unprecedented campaign reflects Taiwan's spirit of civic constitutionalism, and its determination to defend its democratic institutions.
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Why Taiwan’s Constitutional Court Is in Danger
Legislators from the leading party in Taiwan’s Legislative Yuan are moving to pass an amendment that could effectively paralyze the Constitutional Court. Under the proposed changes to the Constitutional Court Procedure Act, the Court may find itself unable to carry out its constitutional mandate. This week, Taiwan’s Legislative Yuan will deliberate the amendments. If the amendments are passed in their current form, Taiwan could face nothing less than a full-blown constitutional crisis.
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