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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] 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]
- ^ 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.
- ^ "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.
- ^ 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).