We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Chilling Effect?

By Alan Rankin
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The term “chilling effect” is used in nations that have freedom of speech laws, such as the United States. It refers to an attempt by a company or individual to silence a critic by filing lawsuits, threatening legal action or otherwise trying to intimidate the critic by legal means. Although protected by freedom-of-speech law, the critic may be silenced by the prospect of a costly legal battle against a well-funded opponent. The chilling effect is a genuine threat to freedom of speech, even in countries with strong laws protecting such speech.

Freedom of speech is widely recognized as an important foundation of democracy. The U.S., in particular, is noted for asserting this right for its citizens. It is included in the First Amendment of the Bill of Rights, part of the U.S. Constitution, which guarantees that anyone is legally allowed to express his or her opinion, even if it is contrary to the beliefs of neighboring citizens or the nation itself. In practice, this has not always been the case, but legal cases have generally upheld this right. The American Civil Liberties Union (ACLU) is noted for defending individuals on the basis of freedom of speech, even when that speech is inflammatory or otherwise unpleasant.

The chilling effect is a potential challenge to this right, because it is technically a legal maneuver; that is, the party threatening legal action is not violating the law in a way that can be easily proved. Challenging a lawsuit on First Amendment grounds often means a legal battle in court, which compounds the problem. Unless defended pro bono — or free — by a group such as the ACLU, an individual critic often does not possess the resources to undertake a legal case against a wealthy opponent.

Sometimes a court case is not necessary to produce a chilling effect. The body in question simply has an attorney send a “cease and desist” letter threatening legal action if the critic does not immediately end the criticism. Another form of chilling effect is a strategic lawsuit against public participation (SLAPP). For example, a corporation accused of pollution by environmental activists will file a slander lawsuit against those activists.

The activists must then prove the charges of pollution are true or risk fines and punishment. Even if the charges are true, the activists may not have the funding to take on the court case and, thus, are effectively silenced. If a chilling effect can be demonstrated, however, freedom of speech laws can and often do protect such critics.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.