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originally posted by: wayforward
a reply to: Lyxdeslic
So to you the freedom of speech is like the freedom to commit armed robbery? You have the freedom to commit armed robbery but you are not free of the consequences?
There are plenty of people who are held in contempt of court for the action of not speaking when they were mandated to in the United States. There are also plenty of people in jail for not reporting income, not telling a police officer who they are. It seems to me that if you create artificial consequences like that, then it isn't really the freedom of speech.
I think you are mistaking natural consequences with political punishment. It is a political punishment to send someone to prison for the act of not speaking.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
On June 17, 2013, SCOTUS ruled in "Salina vs Texas" that: "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question,". In other words, you must now specifically invoke your 5th amendment right to "remain silent" or your silence can and will be used against you in court