Timeline for Are people in the USA obligated to report crime?
Current License: CC BY-SA 4.0
5 events
when toggle format | what | by | license | comment | |
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Nov 7 at 21:43 | comment | added | Barmar | The general principle is that the rights in the Bill of Rights are not absolute, and "compelling state interest" can take precedence in specific situations. | |
Nov 7 at 19:43 | comment | added | ohwilleke | Because the government can compel you to speak for all sorts of practical non-expressive purposes. You can be compelled to testify in response to a subpoena (even as a witness in a criminal case). You can be legally required to complete a tax return. You can be compelled to answer a census question. You can be required to make financial disclosures for a company you own or stock you own. You can't be compelled to affirmative make an expressive statement (the live free or die license plate case, or the masterpiece cake case). But reporting a crime doesn't fit in that category. | |
Nov 7 at 18:37 | comment | added | bdb484 | I think that's definitely a more firmly established principle, but I don't see why it's the bigger issue here, especially since OP doesn't seem to be asking about turning yourself in. Why do you think there wouldn't be a First Amendment issue with the government compelling people to speak? | |
Nov 7 at 15:03 | comment | added | ohwilleke | While I agree that there is not a general legal duty not to speak about the existence of a crime, I do not believe that this has a 1st Amendment component. The bigger constitutional issue is that there is no duty to report that you have committed a crime, which arises from the 5th Amendment privilege against self-incrimination, as incorporated to apply to state and local governments under the due process clause of the 14th Amendment to the U.S. Constitution. Sometimes (ironically especially where there is a duty to report statute) this could impact a duty to report someone else's crime. | |
Nov 7 at 12:33 | history | answered | bdb484 | CC BY-SA 4.0 |