JOURNAL ARTICLE

Taking the constitutional significance of social media seriously.

  • Published In: International Journal of Constitutional Law, 2025, v. 23, n. 2. P. 664 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Su, Hui-chieh 3 of 3

Abstract

This article analyzes two edited volumes that explore government regulation of social media platforms from distinct European and American legal perspectives. *Constitutionalising Social Media* presents a European approach advocating for the constitutionalization of social media through state-platform co-regulation to protect fundamental rights within a hybrid public sphere. In contrast, *Social Media, Freedom of Speech and the Future of Our Democracy* examines U.S. free speech controversies, focusing on the constraints imposed by First Amendment jurisprudence and section 230 of the Communications Decency Act, which limit regulatory interventions on private platforms. While both works address social media’s impact on information dissemination and fundamental rights, they reflect divergent legal traditions and regulatory possibilities, offering complementary insights into the challenges of governing digital speech in different constitutional contexts.

Additional Information

  • Source:International Journal of Constitutional Law. 2025/04, Vol. 23, Issue 2, p664
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:14742640
  • DOI:10.1093/icon/moaf041
  • Accession Number:189408210
  • Copyright Statement:Copyright of International Journal of Constitutional Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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