Libertà di espressione e social network, tra nuovi “spazi pubblici” e “poteri privati”. Spunti di comparazione

The paper draws a comparative overview on recent case law developments in the US and Europe concerning the legal status of social networks, which stands out as a hot topic in light of the upcoming reform that European Union institutions are planning in the field of digital services. The goal of the paper is to bring to light how the frequent claim that social networks should be equalized to public fora or state actors and that the relevant services should be treated likewise may trigger unintended consequences for freedom of expression.