Freedom or Feardom of Expression of Judges? Exploring the ‘Chilling Effect’ on Judicial Speech

Abstract

Freedom of expression of judges – ‘Chilling effect’ of measures taken against judges (and prosecutors) – Silence or modification of speech – Rule of law crisis – ‘Chilling effect’ as one of the circumstances determining the proportionality of an interference with freedom of expression – Flexible approach in determining the sources of the ‘chilling effect’ – Little attention devoted by the Court to the quality of legislative enactment – Measures may not have imminent repercussions for a given judge, may be light, and may take the form of a threat – ‘Chilling effect’ may extend from one legal profession to another – ‘Chilling effect’ explains why the Court affords greater protection of freedom of expression to prominent judges – Greater consistency in the Court’s application of the ‘chilling effect’ argument would be welcome – First step of an ambitious research quest to determine whether judges feel free to express their opinions, or live in a state of feardom.