Three Models of Judicial Free Speech and Technological Challenges

Abstract

The article deals with the normative patterns of communication of judges in a theoretical perspective. Their identification is thus taken as a universal problem, occurring in all legal cultures and regardless of current disputes concerning them. It is assumed that normative patterns of communication among judges are built on the understanding of the role of the judge and the place of the judiciary within checks and balances. Based on the assumption that the role of judges and the status of the judiciary have evolved, three successive historical models of judicial communication were proposed, i.e. the first model – impersonal, the second – self restrained, and the third – accurate communication. The thesis was also put forward that the last of the models may prove to be inadequate in the face of contemporary challenges, resulting primarily from cultural changes driven by the development of new communication technologies.