Abstract

[Disciplinary power and secrecy of social communication: a preliminary note on the judgment by Alessandro Manzoni] This paper is inspired by a memorable passage from the novel I Promessi Sposi, in which Manzoni reflects on the false illusion of secrets shared with friends, and uses it as a starting point to comment on two recent rulings of the Suprema Corte di Cassazione (Supreme Court of Cassation). These judgments overturned disciplinary dismissals—imposed for the conduct of two employees who had made statements in a workplace group chat—giving precedence to the constitutional principle of the secrecy of correspondence over a substantive assessment of the unlawfulness of the contested behaviour. Thus, drawing on some perhaps bold literary and philosophical suggestions, this paper attempts to hypothesize a different solution and a more rights-protective interpretation. This perspective resonates with Manzoni’s reflections and may serve as a foundation for advancing an alternative interpretative paradigm, one that acknowledges modern communication systems and considers their limitations and their tensions with the claimed secrecy.