[FRIAM] "chilling effect"

Jon Zingale jonzingale at gmail.com
Thu Nov 11 11:02:59 EST 2021


"Chilling Effect", now that's good epiphenomena. By that, I suppose I
mean that "chilling effect" is more general than a simple gag or
restraining order, it aims to inhibit or dissuade behavior. The content
of chilling seems to live in the question of "why should a legal system
dissuade or inhibit legal actions"? My first impression is that such a
need arises in any legal system that is ultimately too rigid and unwieldy
(or too ill-founded) to rigorously target the subject of its domain. So,
probably, every non-trivial legal system.

On the one hand, "chilling" seems a natural choice for better fitting
the letter of the law to its "spirit", but doing so also creates a lever
connecting goals to functions (a la' Charles and Thompson):

https://en.wikipedia.org/wiki/Chilling_effect#:~:text=13%5D%5Bfailed%20verification%5D-,Chilling%20effects%20on%20Wikipedia%20users,-%5Bedit%5D
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