The legal anomalies of the “digital public sphere” on both sides of the Atlantic (not accepted for 2022)

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Abstract (max. 250 words):
Freedom of speech is a fundamental value in our democracies on both sides of the Atlantic. However, its limits and restrictability are different in the USA and Europe. Those who engage in US public discourse will understand that free speech is the Alpha and the Omega of the system. On December 15, 1791, First Amendment was adopted, declaring that “Congress shall make no law respecting […], or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; […].” The European Convention on Human Rights narrowly defines the freedom of expression as follows: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive & impart information & ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, [...], may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, [...] national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority & impartiality of the judiciary.” The concept of free speech is manifested in an entirely controversial manner. This opposite approach creates a grey zone for globally operating Big Tech corps.
Today, citizens have multiple platforms to express their opinion. They can reach the masses immediately. Even if our ways of free speech became wider than before, our vulnerability to unfair bans and abusive restrictions increased. However, free speech infringements could be executed only against state actors in the USA. Thus, all bans introduced by Big Tech are in a legal gap due to their privateness. Interestingly, in a country of continuous modernization, legal solutions' fundaments and main frames were petrified in the 18th century. While the European system tends to overregulate, apply narrow room for maneuvering, it later takes the burden on interpretators.
Summum ius, summa iniuria. Means: rigorous law is often rigorous injustice. A principle of Roman Law that provides much-needed flexibility for legislators and practitioners. To add one more twist, social media platforms advertise themselves as "digital public spheres," which raises the question of their legal evaluation. The presentation addresses the legal anomalies of the digital public sphere. One thing is sure: we should not wait until the freedom of speech turns into freedom from speech…



Brief Professional Bio (max. 100 words):
Lilla Nóra Kiss is a Post-Graduate Visiting Research Fellow at the Antonin Scalia Law School of George Mason University. Lilla completed her JD in 2015 at the University of Miskolc, Hungary. During her doctoral studies, she undertook the General and Juridical Mediator course and immersed herself in several international law programs (the Regional Academy on the United Nations (RAUN); the Academy of European Law (AEL) summer schools at the European University Institute in Florence, Italy.

Lilla completed her doctorate in 2018 and defended her thesis on the legal issues of Brexit in 2019. In 2020, she completed her third degree in European and International Business Law LLM at the Eötvös Loránd University in Budapest, Hungary. In addition to her academic studies, Lilla conducted lectures and seminars on European law, in both English and Hungarian.

She also served as a senior counselor specializing in EU law at the Ministry of Justice, State Secretariat for European Union Affairs in Budapest. As such, she has provided legal advice on institutional matters between the EU and the Member States, on the Future of Europe Conference, and some special topics including social media, which inspired her to apply to the Hungary Foundation’s Liberty Bridge Program. During her one-year post-doctoral research she will undertake a comparative analysis on how the US and the EU approach regulating social media.