Chapter 2 opens the study of free speech in a globally networked digital environment by clarifying the meaning of the term ‘constitution’. Under the heading of transnational constitutionalism, intense discussions have taken place in recent years about constitutional thinking that seeks to break free from statehood and formalism. The question of the constitutional subject is of great importance here. In the twenty-first century, nation-states are still the primary constitutional actors, as they have been since the revolutions of the eighteenth and nineteenth centuries. The contemporary era has also witnessed the emergence of transnational corporations, which have developed into powerful players within a globalised economy. As telecom service providers, equipment manufacturers, or platform operators, they have a particularly significant influence on the conditions governing freedom of expression. According to Gunther Teubner, transnational corporations should be conceived of as constitutional subjects. But what does this mean on the theoretical and practical levels? How can factual developments on the Internet be related to processes of producing constitutional norms? How should the relationship between state-centred and societal constitutional legitimacy be conceptualised? These questions are addressed within the framework of transnational legal theory.