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This is really being put to the test right now in the US with the Gabby Petito case. Where her fiance was refusing to talk to the police, exercising the 5th. The media and police kept asking, rhetorically, "If he's innocent, why wouldn't he talk to us?".

I fear the progress made by the Youtube video you linked may have been wiped out by this event.



How is that testing the right? Is the fifth amendment supposed to confer the right to be free of scrutiny or suspicion based on one's refusal to self-incriminate?

If an officer stopped you in your automobile and asked if you had any drugs on your person and you said "I plead the fifth", does that alone give them probable cause to search your car?

If you crossed a border and an officer asked you if you were carrying any dangerous goods and you answered "no" they might let you continue. If you answered "I plead the fifth" would they be constitutionally required to also let you continue or would they be able to discriminate based on that answer?


What I meant is that we made progress in terms of separating "I plead the fifth" and assumed guilt in the eyes of the public. Now that's getting entangled again.


Did we? If somebody exercises their right not to incriminate themselves by answering a question that significantly raises the probability they have committed a crime or have knowledge of one and are attempting to obstruct.

I know the ruling class and their ruling class lawyers would like to gaslight us into not believing our lying eyes and think that pleading the fifth is a perfectly normal and totally innocent thing to do. I don't think that is progress at all. The reality is that it obviously raises very real questions about their motives.

It doesn't mean they did commit a crime, it doesn't mean it is evidence beyond a reasonable doubt, but it is a data point that is perfectly legitimate to judge on its merits.

The fifth is to help defend against forced or coerced confessions, not to liberate a person being tried from being subject to judgement of their behavior.


Yeah he's being tried in court of public opinion. However their van was spotted very near the body, so it ain't looking good for him.




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