Chilling effect

A chilling effect is the deterrence of lawful expression or conduct caused by fear of legal or social penalties. It can arise even when penalties are never imposed.

Self-censorship: The deliberate withholding or alteration of expression because of anticipated consequences. Fear of penalties turns anticipated consequences into choices to remain silent.
Lamont v. Postmaster General: A 1965 U.S. Supreme Court decision striking down a requirement that recipients request communist propaganda before delivery. The Court recognized that a burdensome delivery procedure could deter the receipt of protected publications.
Censorship: The suppression or control of expression by an authority or other powerful actor. Censorship directly blocks expression; a chilling effect can silence speech without a formal ban.
Freedom of speech: The principle and legal protection that people may express ideas without unjustified government restriction. Chilling effects weaken the practical exercise of speech rights even without a direct prohibition.
Chilling effects doctrine: A legal approach that considers whether a rule or government action deters protected expression. Courts differ on when anticipated deterrence is sufficient to challenge a law.
Vagueness doctrine: A legal rule invalidating laws whose unclear terms fail to give fair notice or invite arbitrary enforcement. Unclear laws make speakers unsure which lawful expression might trigger punishment.
Dombrowski v. Pfister: A 1965 U.S. Supreme Court decision permitting federal intervention against certain bad-faith state prosecutions involving speech. The decision addressed how threatened prosecutions can suppress expression before a case is resolved.
Prior restraint: Government action that prevents expression before it is communicated or published. Prior restraint is a direct legal barrier, while chilling can arise from a penalty's mere threat.
Freedom of association: The right to join with others for shared political, social, religious, or economic purposes. Fear of exposure or retaliation can deter people from joining lawful groups.
Standing (law): The legal requirement that a party show a sufficient connection to a dispute to bring a case. A speaker may need to establish a credible threat of enforcement to challenge a chilling rule.

Linked from 37 pages