Legal and Ethical Issues of Chilling Effect
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Beschreibung
What is a chilling effect on speech? It’s a phenomenon frequently invoked by courts, regulators, and activists; cited in litigation, policy debates, and public discourse; and relied upon as an explanatory shorthand. Yet – until now – it has never been examined with the rigor it demands.
This edited volume is the first work to offer a systematic, interdisciplinary examination of the chilling effect as a core analytical problem. Bringing together contributions from leading scholars and experts in the fields of law, sociology, political science, communications studies and the social sciences, the book directly addresses the conceptual, methodological, and normative dilemmas and paradoxes that have long surrounded the discussion on the silencing of those exercising their freedom of expression.
The chapters cover topics such as free speech, surveillance, artistic and academic freedom, digital governance, and self-censorship. The approach pursued involves close engagement with legal doctrine and sociological theory, as well as empirical research, making it possible to move beyond anecdotal claims and toward analytically grounded inquiry. Particular attention is paid to conceptual ambiguity, causal uncertainty, and the perennial difficulty of identifying and assessing indirect forms of deterrence. Rather than offering a single definition or solution, the book probes a central question: how can chilling effects (often anticipatory, invisible, and contested) be meaningfully distinguished from legitimate regulation or ordinary social constraint? To address that question, issues such as evidentiary standards, measurement, cultural polemics, judicial reasoning, and democratic accountability feature prominently throughout the chapters. In addition to general conceptual frameworks, they explore a wide range of regional and contextual perspectives, including case studies from Africa, Asia, and Europe, and transnational governance settings.
This book will appeal to researchers and scholars in all fields concerned with human rights and free speech and make a decisive contribution to chilling effect scholarship by transforming a widely invoked concept into a rigorous object of analysis.
Chapter "Chilling Effect and Fake News Laws: Lessons from East and Southeast Asia" is licensed under the terms of the Creative Commons Attribution 4.0 International License via link.springer.com.
What is a chilling effect on speech? It’s a phenomenon frequently invoked by courts, regulators, and activists; cited in litigation, policy debates, and public discourse; and relied upon as an explanatory shorthand. Yet – until now – it has never been examined with the rigor it demands.
This edited volume is the first work to offer a systematic, interdisciplinary examination of the chilling effect as a core analytical problem. Bringing together contributions from leading scholars and experts in the fields of law, sociology, political science, communications studies and the social sciences, the book directly addresses the conceptual, methodological, and normative dilemmas and paradoxes that have long surrounded the discussion on the silencing of those exercising their freedom of expression.
The chapters cover topics such as free speech, surveillance, artistic and academic freedom, digital governance, and self-censorship. The approach pursued involves close engagement with legal doctrine and sociological theory, as well as empirical research, making it possible to move beyond anecdotal claims and toward analytically grounded inquiry. Particular attention is paid to conceptual ambiguity, causal uncertainty, and the perennial difficulty of identifying and assessing indirect forms of deterrence. Rather than offering a single definition or solution, the book probes a central question: how can chilling effects (often anticipatory, invisible, and contested) be meaningfully distinguished from legitimate regulation or ordinary social constraint? To address that question, issues such as evidentiary standards, measurement, cultural polemics, judicial reasoning, and democratic accountability feature prominently throughout the chapters. In addition to general conceptual frameworks, they explore a wide range of regional and contextual perspectives, including case studies from Africa, Asia, and Europe, and transnational governance settings.
This book will appeal to researchers and scholars in all fields concerned with human rights and free speech and make a decisive contribution to chilling effect scholarship by transforming a widely invoked concept into a rigorous object of analysis.
Chapter "Chilling Effect and Fake News Laws: Lessons from East and Southeast Asia" is licensed under the terms of the Creative Commons Attribution 4.0 International License via link.springer.com.
Explores the complex nature of chilling effect Written by a global authorship from a multidisciplinary perspective Provides important results for research and policymaking
Autor*in
Gergely Gosztonyi
Themen in »Legal and Ethical Issues of Chilling Effect«
freedom of expression chilling effect censorship free speech fear of reprisal free speech in the Global South journalistic rights academic freedom activism authoritarianism self-censorship hybrid regimes SLAPP press freedom state surveillance