Self-Censorship: The Chilling Effect and the Heating Effect

Abstract

Chilling Effects occur when the risks surrounding a speech restriction inadvertently deter speech that lies outside the restriction’s official scope. Contrary to the standard interpretation of this phenomenon I show how speech deterrence for individuals can sometimes, instead of suppressing discourse at the group level, intensify it – with results that are still unwelcome, but crucially unlike a ‘chill’. Inadvertent deterrence of speech may, counterintuitively, create a Heating Effect. This proposal gives us a promising explanation of the intensity of public debate on topics for which there is, simultaneously, evidence of people self-censoring, for fear of breaching speech restrictions. It also helps to pinpoint two problems with existing theoretical analyses of the Chilling Effect: (i) in how they construe the relation between individual- and group-level discursive phenomena; and (ii) how they characterize the distinctively wrongful nature of inadvertent speech deterrence.