[FRIAM] "chilling effect"

[Steve Smith]

Glen -

Thanks for this example/analysis... it seems to be an example of how the 
vernacular creeps upward (capillary action?) into the formal and even 
legal.   I assume judicial scholars have entire library shelves on the 
topic of how this happens, how to recognize it, how to effect or 
mitigate it.   It seems like it is also likely a mechanism leading to 
eventual collapse in the game of "punctuated equilibrium".

- Steve
> So, I'd thought the conversations around SB8's "chilling effect" on abortion providers was merely a vernacular expression, not a legal one. E.g.
>
> https://reason.com/volokh/2021/11/02/limiting-principles-and-sb8/
>
> But it looks to this non-lawyer like anti-SLAPP laws, explicitly punishing law-gaming, targets a "chilling effect" directly. E.g.
>
> https://theintercept.com/2021/11/10/proud-boys-antifascist-tweet-chad-loder-court/
>
> Chilling free speech, which is an explicit right, has a different status than chilling abortion, which is only a derived right. But that chilling is explicitly considered at all. It evokes, for me, some sophisticated ethical considerations around scalable relations, from interpersonal up to corporate policies up to constitutional law ... maybe even down to eusocial genetics. That a bureaucratic technology might be a mechanism for navigating/scaling persnickety ethical issues is pretty interesting.
>