When the legal order confiscates public debate

The rule of law is one of the major achievements of modern society. But when the definition of the rule of law escapes the debate of ideas, it reduces politics to a technical matter. This evolution of liberal democracies is in tension with the spirit of the Enlightenment.

You're on your way to a barbecue party at a friend's house. After a few beers, the discussion flares up around a hot topic: what should be the limits of freedom of expression on social networks? Your friends on the right put forward their maximalist arguments, while those on the left call for more caution. Musk, Trump, Putin and «fake news» are mentioned several times. Then the team's lawyer, who had been rather silent until then, intervenes. By way of reply: an article of law. The legal framework is established, and the debate closed.

La scène semble anecdotique, mais ell