If that is the case, let’s talk specifics. Exactly how does this Fifth Amendment declaration have to be made to be considered “official”? Does the person have to say the words, “I am now invoking my Fifth Amendment right and will remain silent”? Can the person just say “Fifth Amendment”? What if the person is mute, can he or she wear a shirt with the words “I invoke my Fifth Amendment” on it? Do we as American citizens all need to start walking around wearing shirts that read “I hereby invoke:” followed by a list of all of our rights underneath to have them be upheld?
Sure, that last paragraph was a bunch of sarcastic rhetorical nonsense, but nonsense is the idea of Americans being forced to call what The Atlantic Wire dubs an “on-the-fly legal equivalent of ‘safesies’” in order to have our rights recognized by our warped, tyrannical government’s legal system.
As with so-called Free Speech Zones and the Patriot Act, this latest decision just shows in sad detail one of the many ways our government continues to play semantic games with our Constitution to further limit our rights.
The Atlantic Wire reported:
Basically, if you’re ever in any trouble with police (no, we don’t condone breaking laws) and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. ‘Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,’ reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented. [emphasis added](Notice Justice Alito referred to our Fifth Amendment right as a “privilege” — Isn’t it wonderful that these people are appointed to their positions for life?)
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