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9 - Transforming Chilling Effects Doctrine

from Part III - Implications

Published online by Cambridge University Press:  20 November 2025

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

Chapter 9 makes the case for critical changes in chilling effects law and doctrine based on the new understanding advanced in this book. The author argues, among other things, that judges should no longer remain skeptical of privacy chilling effects; that chilling effects doctrine should no longer privilege legal and regulatory forms of chilling effects over others; and that standing doctrine and other areas of law should also be reformed to accommodate this new understanding of chilling effects.

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