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Chapter 4 elaborates a new theory of chilling effects – as conformity and compliance. The author argues that chilling effects are best understood as a more powerful form of conformity and compliance – just like conformity, chilling effects reflect a behavioral tendency to self-censor and conform in the face of threats like surveillance, uncertain laws, or personal threats. The chapter also elaborates what the author deems the four “chilling effect” factors: observation; uncertainty; personalization or personal threats; and power and authority, which help predict and explain chilling effects. The chapter explains not only why chilling effects are so powerful in their impact on our behavior, but also their additive effects – how each additional chilling effect “factor” amplifies or magnifies the impact and scope of a chilling effect.
This brief concluding chapter discusses key contributions of the book and explores how a “protective” counter-movement in law and policy – that protects against and resists state/corporate activities that weaponize and spread chilling effects – can be sustained over the long term; one that is evidence-based and addresses the dangers of chilling effects today and tomorrow.
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