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3 - Social Chilling Effects

from Part II - A New Understanding

Published online by Cambridge University Press:  20 November 2025

Jonathon W. Penney
Affiliation:
Osgoode Hall Law School, York University
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Summary

Part II sets out and elaborates a new theory of chilling effects – a conformity theory – a central contribution of the book. Chapter 3, the first chapter in Part II, lays the theoretical and empirical foundation for this new understanding by connecting chilling effects with a broader body of social science and behavioral theory, in particular, research on social influence, like conformity and compliance. The author begins with an illustration of the power of extralegal social surveillance, convention, and norms to police behavior – at times more effective than laws – and the role of conformity and compliance in these contexts.

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