Saturday, November 19, 2011

Which takes precedent, the right to silence or the right to speech?

Two people trapped in a room, one wants to talk aloud another wants to sit in peace. . .





Which person has the right to get what he/she wants?





Secondary question... if there were three people in the room and two wanted to talk. . . do the rights of the person wanting silence no longer exist if he/she is outnumbered?|||Well, technically the right to remain silent and the right to speak are the same thing.





Logically speaking, if you want to remain silent you are using your right to "speak" by entailing that you do not wish to speak.





Both people can get what they want. I don't really see the difference...the person who wants to talk can talk while the other can sit and wait in silence.|||Sorry but I am unaware of the right to silence, consisting of the right to require others to be silent. The fifth amendment, sometimes characterized as the right for one to be silent (but not to require silence by others) actually only provides that a suspect has the right to not be compelled to give testimony against himself. Nor am I aware of any other source of the right you mentioned, anywhere in the world. So, the quandary you ask about does not exist.|||they all get shot by the fourth person

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