Internet and freedom of speech, when metaphors give too much power
Since 1997 (Reno vs. American Civil Liberties Union), the Supreme Court has used the metaphor of the free market of ideas to define the Internet, thus addressing the regulation of the net as a matter of freedom of speech. In law, metaphors have a constitutive value and, once established, affect the debate and the decisions of the Courts for a long time. In the paper 'Judicial Frames and Fundamental Right in Cyberspace', published in the American Journal of Comparative Law, Oreste Pollicino (Bocconi University) and Alessandro Morelli (Università Magna Graecia, Catanzaro) apply to judicial reasoning reflections on metaphors and go so far as to criticize, on the one hand, the US Supreme Court's orientations on (non-)regulation of the Internet and, on the other, to invoke changes ...










