Chilling Effect Doctrine

Chilling Effect Doctrine

In Constitutional Law, any practice or law that has the effect of seriously dissuading the exercise of a constitutional right, such as Freedom of Speech.

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The problem, however, is that Post's demand that courts make these empirical judgments is in tension with the Supreme Court's recent chilling effect doctrine.
While the chilling effect doctrine has been part of the Court's First Amendment jurisprudence for over half a century, (59) in recent campaign finance cases it has morphed into a new form.
In its more recent campaign finance cases, the Court has broadened the contours of the conventional chilling effect doctrine. It has determined that a chilling effect arises simply from the requirement that a litigant prove that a law violates the First Amendment as applied.
From the chilling effect doctrine's perspective, the problem with Post's proposed constitutional framework is that he assigns difficult empirical judgments to courts in a pluralist judiciary in which judges are likely to evaluate evidence differently and therefore reach different conclusions even on the same or similar sets of facts.
Assuming the validity of the new chilling effect doctrine, can a context-based doctrinal inquiry--an inquiry necessary to avoid an imperialist First Amendment--emerge given the Court's concern about the chilling effects of such inquiries?
From the perspective of the new chilling effect doctrine, this singular focus on the courts is problematic.
Concerns about the FEC's institutional gridlock and dysfunction represent one obvious objection to any attempt to use that agency to reconcile the new chilling effect doctrine with the need for context-based empirical judgments.
685 (1978) (analyzing the mechanics and justifications of chilling effect doctrine).
(191.) Others have raised underinclusiveness objections to other aspects of chilling effect doctrine. For example, the Court made commercial speech a separate category in part because of its judgment that such speech is less likely to be chilled than other speech.
Typically, the chilling effect doctrine is concerned with excessive
The chilling effect doctrine has formed part of the Court's
chilling effect doctrine, and intermediation can guide us to a legal