The Right to remain silent…

As I discussed yesterday, one of the great constitutional rights we wall share is the right to remain silent.  It is not a passive right, but a right that must be actively engaged.  There is another aspect of the right that we should consider.

He has the right to remain silent. He lacks the wisdom to do so.

WJJ Hoge in a comment on his blog.

If I were a serial twitter from Maryland who just claimed I was going to file harassment charges against a blogger in Alabama in which the blogger in Alabama has accused me of the production of porn, and has further specified that the term producer in his blog post is being used as the meaning used in Part 2257 of the federal code, then I would probably remain silent about if I had actually done such a thing.  As long as I remain silent, the burden of truth remains entirely on that Alabama blogger.

Of course, if I lack the wisdom to do so, then I may turn to Twitter and issue a serious of twits whereby I claim to have done exactly what the blogger from Alabama claims that I had done in his blog post.  That should make my time on the stand in the Harassment criminal charge against the Alabama Blogger a very interesting time for me.  Gosh, I’d be forced to admit on the stand that what he said is true, and therefore not harassment.  At that point, I wonder how many Prosecutors in Alabama would be willing to move forward with the case and actually bring it to trial?  Over a Class C Misdemeanor, in which the primary witness admits to doing what the primary witness called harassing communication claims that the witness did?  Of course there is the additional hurdle that the Alabama Blogger was communicating about the me, and not to me, but let’s not quibble over unimportant things like the black letter of the law.

It is an interesting thought experiment, but I don’t suggest that it be put to the legal test, since it opens all sorts of nasty doors that have blowback on the serial twitter from Maryland.

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3 thoughts on “The Right to remain silent…

  1. Bill has a real problem with words, as in, their definitions. See for example, his tweets from yesterday whining that John needs to moderate his blog to remove insults toward him. Somehow he, at one point in time, equates insults with harassment and other times (like when he does it), insults are just part of life. “Suck it up” I believe was the term he used.

    Likewise, I watched in awe at a “discussion” between Bill on Twitter and the “Hogeists” over “harassment” and “libel”. I’m not sure where the thread is, but Bill seemed to think at different times during the day that harassment was libel, and then it wasn’t. It was quite bizarre.

    But when your vocabulary is as fluid as Bill’s, any discussion is near impossible

    • I’m not sure I caught the discussion you’re referencing. That’s not to say I don’t recognize the fluidity of some people’s speech.

      As for the problem a serial twitter in Maryland has with Hoge not moderating his blog to remove insults, I point the twitter to Section 230. I need not say more, as Hoge is fully armored under federal law.

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