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Chilling Effects

Chilling Effects

Chilling Effects

Repression, Conformity, and Power in the Digital Age
Jonathon W. Penney , Dalhousie University Schulich School of Law
November 2025
Not yet published - available from November 2025
Hardback
9781108485876

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    In Chilling Effects, Jonathon W. Penney explores the increasing weaponization of surveillance, censorship, and new technology to repress and control us. With corporations, governments, and extremist actors using big data, cyber-mobs, AI, and other threats to limit our rights and freedoms, concerns about chilling effects – or how these activities deter us from exercising our rights – have become urgent. Penney draws on law, privacy, and social science to present a new conformity theory that highlights the dangers of chilling effects and their potential to erode democracy and enable a more illiberal future. He critiques conventional theories and provides a framework for predicting, explaining, and evaluating chilling effects in a range of contexts. Urgent and timely, Chilling Effects sheds light on the repressive and conforming effects of technology, state, and corporate power, and offers a roadmap of how to respond to their weaponization today and in the future.

    • Introduces and explains the concept of chilling effects
    • Illustrates the scale and scope of the threat chilling effects pose to freedom, democracy, and fundamental rights
    • Provides a theory and framework to predict, explain, and evaluate chilling effects in a wide variety of contexts, and a roadmap on how to respond to them

    Product details

    November 2025
    Hardback
    9781108485876
    250 pages
    229 × 152 mm
    Not yet published - available from November 2025

    Table of Contents

    • Introduction
    • Part I. Conventional Chilling Effects Theories and their Limits:
    • 1. Law's Flawed Theory and its McCarthy Era Origins
    • 2. Privacy's Useful but Limited Theory
    • Part II. A New Understanding:
    • 3. Social Chilling Effects
    • 4. A Conformity Theory of Chilling Effects
    • 5. A Taxonomy of Chilling Effects
    • Part III. Implications:
    • 6. The Dangers of Chilling Effects
    • 7. What Chilling Effects Theory is For
    • 8. A Framework for Hard Cases
    • 9. Transforming Chilling Effects Doctrine
    • 10. The Future of Chilling Effects and How to Stop It
    • Conclusion.
      Author
    • Jonathon W. Penney , Dalhousie University Schulich School of Law

      Jonathon W. Penney is a legal scholar and social scientist. His award-winning research on privacy, technology, and human rights has received national and international attention, including coverage in the Washington Post, NY Times, Reuters International, WIRED, The Guardian, Le Monde, and beyond.