The Transatlantic Dimension of the Judicial Protection of Fundamental Rights Online

Abstract

This article underlines the role of courts in ensuring the protection of fundamental rights in the digital environment. In particular, the focus will be on the European and the US judicial dimension, looking at the right of freedom of expression and data protection. Section 2 underlines how judges rely on metaphors to address digital matters. Sections 3 and 4 respectively look at the role of courts in shaping the protection of freedom of expression and of privacy and personal data across the Atlantic. Section 5 provides two examples of the role of European courts in extending values across the Atlantic.