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6 - The Dangers of Chilling Effects

from Part III - Implications

Published online by Cambridge University Press:  20 November 2025

Jonathon W. Penney
Affiliation:
Osgoode Hall Law School, York University
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Summary

Chapter 6 uses this new understanding of chilling effects to elaborate the dangers of chilling effects both on an individual level and societal scale. The chapter elaborates the two dimensions of chilling effects – repressive and productive. The former speaks to how chilling effects today can repress speech and other rights on a mass scale; the latter speaks to how chilling effects are conforming effects, and thus produce conforming and compliant behavior on a societal scale, which has critical implications for individual identity, development, autonomy, and equality, but is also corrosive to democracy and democratic societies.

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