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by tharant 605 days ago
> Self-incrimination is about speech.

Seriously? So,what, mutes can’t incriminate themselves?

Even if you wanna stick to that shaky narrative, consider that text messages are speech. Notes to myself are speech. Pictures in my phone are a form of my self-expression—which is speech. Emails? Speech. Voice recordings? Speech. My ChatGPT history? Speech. My Siri interactions? Speech.

The concept of protection against self-incrimination is deeply rooted in protecting our privacy; I don’t see how they can be separated like you seem to have suggesting here.

1 comments

> text messages are speech

Yes. If an officer tells you to admit guilt in a text message, that’s self incrimination. If they find an incriminating text, that’s just incrimination. It may also be an illegal search. But that’s orthogonal. (The closest they come to each other is in entrapment.)