23 June 2022
Governing the Memory of the Present
Putin’s Russia is a global champion of memory laws that fabricate the state’s perennial innocence and glory and make it a criminal offense to diverge from the state-sanctioned historical narratives. The state’s propaganda has also promoted symbols that convey support for or condoning of the Russia’s war, such as the “Z”, “V”, and St. George's ribbon. The emergence of these symbols in the public sphere has put militant democracy provisions existing in many European legal orders into the spotlight, but also propelled lawmakers in some states to adopt new provisions prohibiting the use of such symbols. We discuss the reaction mechanism in Lithuania, Germany, and Poland. Continue reading >>
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22 April 2022
Elon Musk Wants to Buy Twitter to Create a Free Speech Utopia: Now What?
The enigmatic Tesla founder Elon Musk has made a public offer to buy 100% of Twitter’s shares at approximately 138% of each share’s value. In his letter of intention submitted to the U.S. Securities and Exchange Commission, Musk describes that free speech is necessary in a democratic society, and he wishes to unlock its full potential by bringing Twitter under (his) private ownership. Constitutionally this raises an interesting point: if indeed a billionaire wants to change the rules of speech on the ‘new public squares’ by acquiring a social media platform, can he – and should he be able to? Continue reading >>21 April 2022
Shareholder Power as a Constitutionalising Force: Elon Musk’s Bid to Buy Twitter
On 14 April 2022, billionaire Elon Musk came with one of his extravagant ideas: he offered to buy Twitter. According to Musk, who is already majority shareholder, the bid was motivated by his will to fully “unlock” the online platform’s potential as a space for free speech across the globe. This episode calls for a reflection on the future of online platforms as digital spaces for the flourishing of public debate and democracy. Continue reading >>
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14 February 2022
Political Horse-Trading at High Costs
In July 2021, the High Representative for Bosnia and Herzegovina Valentin Inzko used the last days of his term to criminalize genocide denial by decree. This move has sparked a prolonged political crisis which seems to be coming to a bizarre end that is nothing but a horse-trading at the expense of the freedom of expression. Continue reading >>
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24 February 2021