that what we say can be used against us in a court of law, after we are given our Miranda rights.. If the right to exercise a freedom is punishable by incarceration, wouldn't the government be punishing us for exercising our right to free speech. (We can't yell fire in a crowded movie. That's a given.)
Where, in the Constitution, does it limit our right to free speech.
2006-09-24 23:52:19 · 15 answers · asked by marnefirstinfantry 5 in Politics & Government ➔ Law & Ethics
The "anything you say can be used against you" is letting you know that if you confess to a crime or give details of a crime, incriminating yourself, then the court will know about it. It's not saying you can't talk about it or that you have to keep your mouth shut. It's just saying whatever you do say may be used as evidence against you! It has nothing at all to do with free speech.
2006-09-24 23:56:11 · answer #1 · answered by smoothsophie 3 · 1⤊ 0⤋
There are a few problems with your question. The first is that you aren't quoting the text of 1A. Read the following text:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In short it says "Congress shall make no law ... abrdiging the freedom of speech..." And Congress has not. The Miranda process actually protects those who have been placed under arrest. (See Fourteenth Amendment Due Process / Equal Protection.) Without Miranda rights, persons would not know at what point their speech would be considered privileged or public; nor would they know that they may consult with an attorney before answering any questions.
If you still believe that the Miranda process is not a protection, then here's another argument. The Miranda process itself was created by common law, court rulings from justices. Thus, it was not Congress abridging your freedom of speech, but, rather, the judicial system.
2006-09-25 03:20:09 · answer #2 · answered by mike225 2 · 0⤊ 0⤋
We all have the right of free speech but that doesn't mean that we aren't held accountable for what we say. We have the right to an lawyer but anything we say can and will be use against you in the court of law you also have the right to the fifth amendment not to incriminate yourself. just like everything in life there is always a price to pay for what we say and do.Your incarcerated for incriminating yourself not because you exercised free speech
2006-09-25 01:01:57 · answer #3 · answered by autumnbrookblue 4 · 0⤊ 0⤋
The First Amendment grants us the freedom to say what we want to, which just means that we won't be prevented from saying it. Miranda rights protect a person from having information that they voluntarily gave (before being advised of their rights when being interrogated) from being used against them in a court of law.
If someone acknowledges that they understand -- after they've been advised of their Miranda rights and then goes on to say something incriminating they aren't being punished for speaking, they'll be punished for the crime that they admitted to being involved in.
2006-09-25 00:06:18 · answer #4 · answered by Kami 6 · 1⤊ 0⤋
When you make a statement after being read your Miranda rights, you're not exercising your freedom of speech, you're waiving your right to remain silent. You're told that whatever you say will be used against you in court, if you spill the beans that's your problem.
2006-09-25 01:40:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You are not being punished for speaking. You are punished for a crime you committed. When given Miranda rights you are being informed of your right not to say anything, but that if you do it can and will be used as evidence.
2006-09-25 00:19:24 · answer #6 · answered by rhymingron 6 · 0⤊ 0⤋
Freedom of speech and expression guarantess that you freely say what you mean but these must not violate laws offensive to morals, peace and public order. Thus, you are free but exercise it without offending anybody.
2006-09-25 00:05:10 · answer #7 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
The first amendment guarantees the right to free speech it does not exempt you if you incriminate your self when you exercise your right.
2006-09-29 11:49:46 · answer #8 · answered by daydoom 5 · 0⤊ 0⤋
You're free to say anything you want. That's what the Constitution guarantees. That doesn't mean you aren't responsible for the things you say or that your statements will have no consequences.
2006-09-25 08:57:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You have the freedom to eat any kind of food, does it mean that you should eat poison, when you know that it will kill you.
You have the right to say anything you like, but choose your words very well so that you don't hurt yourself. That is exactly what that means.
2006-10-02 16:23:29 · answer #10 · answered by G.I noel 3 · 0⤊ 0⤋