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billybobsky
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Join Date: May 2004
Location: Inner Swabia. If you have to ask twice, don't.
 
2012-01-26, 01:27

Uh. So I just read some case law, and though I am not a lawyer, the current SCOTUS stance is that this sort of compelled speech doesn't constitute a testimony and thus *isn't* protected.

http://supreme.justia.com/cases/federal/us/487/201/

Sorry, guys, but everyone who has said case law says this speech is protected is wrong. It actually looks like the Judge in Michigan mis-read the two cases he cites, which is very odd. Doe v. US explicitly states that "testimony" has to relate to a statement of fact. US v. Hubbel cites Doe v. US because the case relates to actual factual information compelled from the suspect. This meets the minimum definition of testimony which a password does not. Subsequent cases have of course, followed this approach.

The most relevant case law is Boucher II (the end result of the vermont case turtle mentions).

Last edited by billybobsky : 2012-01-26 at 01:55.
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