Constitutionalising Online Content Moderation: The New Role of Courts Under Digital Constitutionalism
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This paper examines the role of courts in constitutionalising online content moderation within the EU regulatory space. It breaks with traditional, liberal, state-centred constitutionalism and adopts a theoretical framework that allows for the identification of constitutional patterns in transnational settings. Drawing on Gunter Teubner’s societal constitutionalism and Science and Technology Studies (STS), it proposes a model of judicial review and oversight whereby courts do not translate constitutional values to the Internet but rather trigger their reconstruction by intermediary service providers. Instead of translators, courts act as joints between state law and providers’ private orders. When normative conflicts arise, courts are thus not called upon to ‘extend’ or ‘impose’ constitutional values on intermediary service providers. Courts must induce instead providers to reconstruct constitutional values in their internal operations according to providers’ own rationality.
Bio:
Luz is a non-resident Scholar at the Baker Institute of Public Policy, Rice University, and a Graduate Teaching Assistant at the Oxford Internet Institute (OII) and the Faculty of Law at the University of Oxford. Before joining academia, she served as a senior clerk for the Supreme Court of Justice of Mexico and worked as a research advisor at the Gender Equality Program of the Federal Judicial Council. She holds a DPhil in Law from the University of Oxford, an LL.M. from Columbia Law School, where she studied as a Fulbright grantee and Charles B. Bretzfelder Constitutional Law scholar, and an LL.B. from Instituto Tecnológico Autónomo de México.
In-person Only - 12:30 pm to 2 pm @ Faculty of Law, St Cross Building, Seminar Room F
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