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SCOTUS has repeatedly considered the "chilling effect" of government policies to be sufficient to strike down government policies. Here's a long article from MT
by ccooffee 3y ago
SCOTUS has repeatedly considered the "chilling effect" of government policies to be sufficient to strike down government policies. Here's a long article from MTSU about the history of the "chilling effect" on First Amendment jurisprudence: https://mtsu.edu/first-amendment/article/897/chilling-effect https://mtsu.edu/first-amendment/article/897/chilling-effect
tl;dr: having a "chilling effect" is, according to SCOTUS, often (but not always) the same thing as "actively suppressing" freedom of speech.