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First Amendment Right to not speak

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  • Legalbear
    Moreover, freedom of thought and expression includes both the right to speak freely and the right to refrain from speaking at all Wooley v. Maynard, 430
    Message 1 of 6 , Jul 1, 2012
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      "Moreover, freedom of thought and expression 'includes both the right to speak freely and the right to refrain from speaking at all'" Wooley v. Maynard, 430 U.S. 705, 714

       

      "The essential thrust of the First Amendment is to prohibit improper restraints on the voluntary public expression of ideas; it shields the man who wants to speak or publish when others wish him to be quiet. There is necessarily, and within suitably defined areas, a concomitant freedom not to speak publicly, one which serves the same ultimate end as freedom of speech in its affirmative aspect." Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 559

       

      So when people are on the stand or before the IRS instead of invoking the 5th which gives the presumption of guilt, they should invoke the 1st Amendment and cite the above cases. I would as well invoke the 9th and 10th Amendments 'those rights reserved by the people.’

       

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    • gary2666@centurytel.net
      I suppose this could be stretched to cover not answering questions on the stand or in front of the IRS, but I don’t see it being accepted by either of those
      Message 2 of 6 , Jul 1, 2012
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        I suppose this could be stretched to cover not answering questions on the stand or in front of the IRS, but I don’t see it being accepted by either of those entities.  Can anyone cite a case or an IRS interview where this was used and accepted as a justification for not answering questions?  My research capabilities are severely limited these days.
         
        The case cited seems to apply to the right not to express in public a position/statement mandated by the state.  That is hardly the same as refusing to answer direct questions.
         
        Gary
         
         
         
        From: Legalbear
        Sent: Sunday, July 01, 2012 6:10 PM
        Subject: [tips_and_tricks] First Amendment Right to not speak
         
         

        "Moreover, freedom of thought and expression 'includes both the right to speak freely and the right to refrain from speaking at all'" Wooley v. Maynard, 430 U.S. 705, 714

        "The essential thrust of the First Amendment is to prohibit improper restraints on the voluntary public expression of ideas; it shields the man who wants to speak or publish when others wish him to be quiet. There is necessarily, and within suitably defined areas, a concomitant freedom not to speak publicly, one which serves the same ultimate end as freedom of speech in its affirmative aspect." Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 559

        So when people are on the stand or before the IRS instead of invoking the 5th which gives the presumption of guilt, they should invoke the 1st Amendment and cite the above cases. I would as well invoke the 9th and 10th Amendments 'those rights reserved by the people.’

      • Michael
        ... One does not ask the opposition for permission to do anything. The case was presented for thoughtful expansion as one s imagination and determination will
        Message 3 of 6 , Jul 2, 2012
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          --- In tips_and_tricks@yahoogroups.com, gary2666@... wrote:
          >
          > but I don't see it being accepted by either of those entities.
          > Can anyone cite a case or an IRS interview where this was used and
          > accepted as a justification for not answering questions? My
          > research capabilities are severely limited these days.

          One does not ask the opposition for permission to do
          anything. The case was presented for thoughtful
          expansion as one's imagination and determination
          will carry.

          Your research abilities are not all that is severely
          limited.
        • Legalbear
          The privilege against self-incrimination protects against governmental compulsion to answer questions, not against voluntary conversation. In situations where
          Message 4 of 6 , Jul 5, 2012
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            The privilege against self-incrimination protects against governmental compulsion to answer questions, not against voluntary conversation. In situations where a person is free to speak or not to speak at all, the privilege is generally not applicable. Minnesota v. Murphy, ___ U.S. ___, 104 S.Ct. 1136, 1142-43, 79 L.Ed.2d 409 (1984). One exception to this general rule relates to statements obtained from suspects in police custody. Because custodial interrogation is ordinarily conducted by officers who are acutely aware of the potentially incriminating nature of the disclosure sought and because the custodial setting contains "inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely," statements obtained during custodial interrogation are constitutionally inadmissible unless the suspect has first been warned of his privilege against self-incrimination and his right to counsel and thereafter voluntarily, knowingly, and intelligently waives these rights. Miranda v. Arizona, 384 U.S. 436, 467, 86 S.Ct. 1602, 1624, 16 L.Ed.2d 694 (1966). The Miranda safeguards, however, do not apply "outside the context of the inherently coercive custodial interrogations" for which the safeguards were designed. Murphy, 104 S.Ct. at 1144, quoting Roberts v. United States, 445 U.S. 552, 560, 100 S.Ct. 1358, 1364, 63 L.Ed.2d 622 (1980).

             

            Statements freely made by an incarcerated defendant to an ostensible friend, who unknown to the defendant is acting as a police informant, are not the product of any sort of coercion, legal or factual, and for this reason are not made under the inherently coercive circumstances contemplated by Miranda. See Hoffa v. United States, 385 U.S. 293, 303-04, 87 S.Ct. 408, 414-15, 17 L.Ed.2d 374 (1966). In this case the defendant's conversations with Ross were freely entered into, as is obvious from the testimony of both Ross and the defendant, as well as from the uncontroverted fact that the defendant returned Ross' phone calls. Thus, the admission of the statements into evidence did not violate the defendant's privilege against self-incrimination. People v. Aalbu, 696 P. 2d 796 - Colo: Supreme Court 1985

             

             

            Call me at: 720-675-7230

            On Skype: legalbear

            Best times to call: 8:30 am to 9:00 pm MST

            Join my Yahoo Group Tips & Tricks for Court by sending an email to:

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            My blog: legalbearsblog.com

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          • frogfrmr@frogfarm.org
            http://news.goldseek.com/GoldenJackass/1341518400.php This is a good list of elements of the Grand Scheme to destroy the middle class. Too bad they still are
            Message 5 of 6 , Jul 6, 2012
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              http://news.goldseek.com/GoldenJackass/1341518400.php

              This is a good list of elements of the Grand Scheme to destroy the middle
              class. Too bad they still are mostly unaware. If only Americans knew the
              current lawful definition of the word "dollar" and acted as though they
              knew!

              Regards,

              FF
            • frogfrmr@frogfarm.org
              ... Entities need specially qualified people to speak and act for them, unless those requirements are waived for some reason, such as by agreement. I require
              Message 6 of 6 , Jul 7, 2012
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                >
                > --- In tips_and_tricks@yahoogroups.com, gary2666@... wrote:
                >>
                >> but I don't see it being accepted by either of those entities.
                >> Can anyone cite a case or an IRS interview where this was used and
                >> accepted as a justification for not answering questions? My
                >> research capabilities are severely limited these days.
                >
                > One does not ask the opposition for permission to do
                > anything. The case was presented for thoughtful
                > expansion as one's imagination and determination
                > will carry.
                >
                > Your research abilities are not all that is severely
                > limited.


                "Entities" need specially qualified people to speak and act for them,
                unless those requirements are waived for some reason, such as by
                agreement.

                I require that all qualifications be fulfilled before I let anyone
                interrogate me, and if I'm in custody, I demand counsel be present, and he
                has to be qualified as well.

                Did I ever mention? Hardly anyone anywhere is qualified anymore.

                The game has been over for a long time, yet many continue to pretend to
                play. Someday it will be obvious to everyone, such as it became to those
                who once cowered in fear of the Commissar in the USSR.

                Regards,

                FF
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