ABSTRACT
A law is said to produce a "chilling effect" when it discourages individuals from exercising their legally or constitutionally protected rights because they are fearful that the law or sanction will be applied to them and that they might be prosecuted, even though they might ultimately be vindicated. In other words, the concern is that individuals might balance their desire to exercise a protected right against the possibility that they will be prosecuted for what they say, and that they will choose to remain silent rather than face the many burdens attendant on prosecution, even a prosecution that courts might eventually declare improper. The term "chilling effect" has moved beyond its First Amendment origins and has become commonplace in a variety of areas where governmental actions may discourage people from exercising protected rights. A Internet search using the terms "chilling effect" and "civil liberties" produced 31,000 responses.
