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Tennessee Law Drags On

Advisory Opinions

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How the Court Treats the Concept of Chilling Effect

I think if the statute was passed right now today in a weird way it'd be an easier case. We don't revisit 70 year old statutes and ask whether they've chilled generally. The ACLU who is representing the defendant did a nice job laying out the problem with chilling law. It's hard to prove a chill because you're basically showing the people are acting in accordance with the law might be a chill. How do you show that that otherwise they wouldn't be? I'm like wait so can I tell you this is where I am on it.

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