Should judges only speak through their judgments? Does silence truly enhance the public’s perception of the judiciary?
In “Revisiting the Limits on Judicial Expression in the Digital Age: Striving Towards Proportionally in the Cyberintimidation Context” Karen Eltis and Yigal Mersel explore these issues. Despite the various arguments against expression, they argue that the digital age demands that we question the belief that judicial silence is always best.
They write that “judges have a duty to speak out to protect judicial institutions as the guardians of democracy… to safeguard the rule of law … Recommending unconditional silence, erroneously assumes . . . [more]