Legal Question in Constitutional Law in California
freedom of speach
IMHO The freedom of speach is the right to speak or NOT TO speak! as a soverign citizen i deligate to the govt what powers rights i want it to have! My ''freedoms-rights'' are not privilidges that a govt can defer or deny.
As a Republican; in essence, I am the state.
(Like Louis 14th of France ! chuckle!!)
therefor any prosecution by the state of any person that refuses to talk to them is unlawfull as i have the declared right under the 1st admendment not too. this would include a grand jury.
1 Answer from Attorneys
Re: freedom of speach
Wrong. The First Amendment does protect your right not to speak under most circumstances but, like any other protection, it has its limits. If you are subpoenaed to appear in court or before a grand jury you must go and you must respond to the questions put to you. Your response can be a refusal to answer, but only if there is a specific legal doctrine (like the martial privilege or the right not to be compelled to incriminate yourself) which says you can refuse.
You are not the first person who has believed the First Amendment meant he didn't have to testify. Many of the others are easy to find -- they're in jail for contempt, where they will remain until they realize that they actually do have to testify.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
