Chilling effect - Wikipedia Chilling effect From Wikipedia, the free encyclopedia Jump to navigation Jump to search For other uses, see Chilling effect (disambiguation). Not to be confused with Chilling Effects. Part of a series on Censorship by country Countries Algeria Armenia Australia Azerbaijan Bangladesh Belarus Bhutan Bolivia Brazil Canada China (Hong Kong/overseas) Cuba Czech Republic Denmark Ecuador Eritrea Finland France Germany (Nazi / Democratic Republic / Federal Republic) Honduras India Iran Iraq Ireland Israel Italy Jamaica Japan Malaysia Maldives Mexico Myanmar New Zealand Nigeria North Korea Pakistan Paraguay Philippines Poland Portugal Romania Russia (Soviet Union / Russian Empire) Samoa Saudi Arabia Serbia Singapore Somalia South Korea Spain Sri Lanka Sweden Taiwan Thailand Tunisia Turkey Ukraine United Kingdom United States Venezuela Vietnam See also Freedom of speech by country Internet censorship and surveillance by country v t e In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction.[1] The right that is most often described as being suppressed by a chilling effect is the US constitutional right to free speech. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill.[2] A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation ("SLAPP"). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plainly observed. For example, the news headline "Flood insurance [price] spikes have chilling effect on some home sales,"[3] and the abstract title of a two‐part survey of 160 college students involved in dating relationships: "The chilling effect of aggressive potential on the expression of complaints in intimate relationships."[4] Contents 1 Usage 2 History 2.1 Chilling effects on Wikipedia users 3 See also 4 References 5 External links Usage[edit] In United States and Canadian law, the term chilling effects refers to the stifling effect that vague or excessively broad laws may have on legitimate speech activity.[5] However, the term is also now commonly used outside American legal jargon, such as the chilling effects of high prices[3] or of corrupt police, or of "anticipated aggressive repercussions" (in say, personal relationships[4]). A chilling effect is an effect that reduces, suppresses, discourages, delays, or otherwise retards reporting concerns of any kind. An example of the "chilling effect" in Canadian case law can be found in Iorfida v. MacIntyre where the constitutionality of a criminal law prohibiting the publication of literature depicting illicit drug use was challenged. The court found that the law had a "chilling effect" on legitimate forms of expression and could stifle political debate on issues such as the legalization of marijuana.[6] The court noted that it did not adopt the same "chilling effect" analysis used in American law but considered the chilling effect of the law as a part of its own analysis.[7] Regarding Ömer Faruk Gergerlioğlu case in Turkey, press release of the Office of the United Nations High Commissioner for Human Rights (OHCHR) defined, Turkey's mis-using of counter-terrorism measures can have a chilling effect on the enjoyment of fundamental freedoms and human rights.[8] History[edit] In 1644 John Milton expressed the chilling effect of censorship in Areopagitica: For to distrust the judgement and the honesty of one who hath but a common repute in learning and never yet offended, as not to count him fit to print his mind without a tutor or examiner, lest he should drop a schism or something of corruption, is the greatest displeasure and indignity to a free and knowing spirit that can be put upon him.[9] The term chilling effect has been in use in the United States since as early as 1950.[10] The United States Supreme Court first refers to the "chilling effect" in the context of the United States Constitution in Wieman v. Updegraff in 1952.[11] It, however, became further used as a legal term when William J. Brennan, a justice of the United States Supreme Court, used it in a judicial decision (Lamont v. Postmaster General) which overturned a law requiring a postal patron receiving "communist political propaganda"[12] to specifically authorize the delivery.[13] The Lamont case, however, did not center around a law that explicitly stifles free speech. The "chilling effect" referred to at the time was a "deterrent effect" on freedom of expression—even when there is no law explicitly prohibiting it. However, in general, "chilling effect" is now often used in reference to laws or actions that do not explicitly prohibit legitimate speech, but that impose undue burdens.[13][failed verification] Chilling effects on Wikipedia users[edit] Edward Snowden disclosed in 2013 that the US government's Upstream program was collecting data on people reading Wikipedia articles. This revelation had significant impact on the self-censorship of the readers, as shown by the fact that there were substantially fewer views for articles related to terrorism and security.[14] The court case Wikimedia Foundation v. NSA has since followed. See also[edit] Censorship Culture of fear Opinion corridor Fear mongering Media transparency Prior restraint Self-censorship Strategic lawsuit against public participation References[edit] ^ chilling effect. (n.d.). Retrieved October 19, 2011, from http://law.yourdictionary.com/chilling-effect ^ Green, Allen (October 15, 2009). "Banish the libel chill". The Guardian. ^ a b "Flood insurance spikes have chilling effect on some home sales". WWL‑TV Eyewitness News. October 15, 2013. Archived from the original on November 19, 2013. Realtors say [price spikes are] already causing home sales to fall through when buyers realize they can't afford the flood insurance. ^ a b Cloven, Denise H.; Roloff, Michael E. (1993). "The Chilling Effect of Aggressive Potential on The Expression of Complaints in Intimate Relationships". Communication Monographs. 60 (3): 199–219. doi:10.1080/03637759309376309. A two‐part survey of 160 college students involved in dating relationships.... This chilling effect was greater when individuals who generally feared conflict anticipated aggressive repercussions (p < .001), and when people anticipated symbolic aggression from relationally independent partners (p < .05). ^ "censorship-reports-striking-a-balance-hate-speech-freedom-of-expression-and-nondiscrimination-1992-431-pp". doi:10.1163/2210-7975_hrd-2210-0079. Cite journal requires |journal= (help) ^ Iorfida v. MacIntyre, 1994 CanLII 7341 (ON SC)at para. 20, < "Archived copy". Archived from the original on July 13, 2012. Retrieved October 25, 2011.CS1 maint: archived copy as title (link)> retrieved on 2011-10-25 ^ Iorfida v. MacIntyre, 1994 CanLII 7341 (ON SC) at para. 37, < "Archived copy". Archived from the original on July 13, 2012. Retrieved October 25, 2011.CS1 maint: archived copy as title (link)> retrieved on 2011-10-25 ^ https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26934&LangID=E&s=09 ^ John Milton (1644) Areopagitica, edited by George H. Sabine (1951), page 29, Appleton-Century-Crofts ^ Freund, Paul A. "4 Vanderbilt Law Review 533, at 539 (1950–1951): The Supreme Court and Civil Liberties". ^ "The Chilling Effect in Constitutional Law". Columbia Law Review. 69 (5): 808–842. May 1969. doi:10.2307/1121147. JSTOR 1121147. ^ Safire, William (July 20, 2005). "Safire Urges Federal Journalist Shield Law". Center For Individual Freedom. Retrieved June 18, 2008. Justice Brennan reported having written a 1965 decision striking down a state's intrusion on civil liberty because of its "chilling effect upon the exercise of First Amendment rights...” ^ a b "LAMONT V. POSTMASTER GENERAL, 381 U. S. 301 (1965)". Justia. Retrieved June 18, 2008. ^ Penney, Jonathon W. (2016). "Chilling Effects: Online Surveillance and Wikipedia Use". Berkeley Technology Law Journal. doi:10.15779/z38ss13. Retrieved August 20, 2019. External links[edit] Lumen, containing many current examples of alleged chilling effects Terms associated with libel cases Cato Policy Analysis No. 270 Chilling The Internet? Lessons from FCC Regulation of Radio Broadcasting Libel Reform Campaign The Chilling Effect of English libel law v t e Censorship Media regulation Books books banned Films banned films Internet circumvention Music Postal Press Radio Speech and expression Thought Video games banned video games Methods Bleeping Book burning Broadcast delay Burying of scholars Censor bars Chilling effect Concision Conspiracy of silence Content-control software Damnatio memoriae Euphemism Minced oath Expurgation Fogging Gag order Heckling Heckler's veto Internet police Memory hole National intranet Newspaper theft Pixelization Prior restraint Propaganda Purge Revisionism Sanitization Self-censorship Speech code Strategic lawsuit Surveillance computer and network mass Whitewashing Word filtering Contexts Criminal Corporate Hate speech Online Ideological LGBT issues Media bias Moralistic fallacy Naturalistic fallacy Politics Propaganda model Religious Suppression of dissent Systemic bias By country Censorship Chinese issues overseas Freedom of speech Internet censorship v t e Law Core subjects Administrative law Civil law Constitutional law Contract Criminal law Deed Equity Evidence International law Law of obligations Private law Procedure Civil Criminal Property law Public law Restitution Statutory law Tort Other subjects Agricultural law Aviation law Amnesty law Banking law Bankruptcy Commercial law Competition law Conflict of laws Construction law Consumer protection Corporate law Cyberlaw Election law Energy law Entertainment law Environmental law Family law Financial law Financial regulation Health law History of the legal profession History of the American legal profession Immigration law Intellectual property International criminal law International human rights International slavery laws Jurimetrics Labour Law of war Legal archaeology Legal fiction Maritime law Media law Military law Probate Estate Will and testament Product liability Public international law Space law Sports law Tax law Transport law Trust law Unenforced law Women in law Sources of law Charter Code Constitution Custom Divine right Divine law Human rights Natural law Natural and legal rights Case law Precedent Law making Ballot measure Codification Decree Edict Executive order Proclamation Legislation Delegated legislation Regulation Rulemaking Promulgation Repeal Treaty Concordat Statutory law Statute Act of Parliament Act of Congress (US) Legal systems Civil law Common law Chinese law Legal pluralism Religious law Canon law Catholic canon law Hindu law Jain law Jewish law Sharia Roman law Socialist law Statutory law Xeer Yassa Legal theory Anarchist Contract theory Critical legal studies Comparative law Feminist Fundamental theory of Catholic canon law Law and economics Legal formalism History Libertarian International legal theory Principle of legality Principle of typicality Rule of law Sociology Jurisprudence Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict Legal institutions Bureaucracy The bar The bench Civil society Court Court of equity Election commission Executive Judiciary Law enforcement Legal education Law school Legislature Military Police Political party Tribunal Category Index Outline Portal Authority control MA: 2778658105 Retrieved from "https://en.wikipedia.org/w/index.php?title=Chilling_effect&oldid=1013826707" Categories: Censorship Freedom of expression American legal terminology Hidden categories: CS1 errors: missing periodical CS1 maint: archived copy as title Use mdy dates from August 2017 All articles with failed verification Articles with failed verification from January 2009 Wikipedia articles with MA identifiers Navigation menu Personal tools Not logged in Talk Contributions Create account Log in Namespaces Article Talk Variants Views Read Edit View history More Search Navigation Main page Contents Current events Random article About Wikipedia Contact us Donate Contribute Help Learn to edit Community portal Recent changes Upload file Tools What links here Related changes Upload file Special pages Permanent link Page information Cite this page Wikidata item Print/export Download as PDF Printable version Languages العربية Deutsch Italiano Nederlands 日本語 Polski Português Suomi Türkçe 中文 Edit links This page was last edited on 23 March 2021, at 17:28 (UTC). 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