The critical point is that the Constitution places the right of silence beyond the reach of government.
These unwritten amenities have been in part responsible for giving our people the feeling of independence and self-confidence, the feeling of creativity. These amenities have dignified the right of dissent and have honored the right to be nonconformists and the right to defy submissiveness. They have encouraged lives of high spirits rather than hushed, suffocating silence.
The Framers [of the Constitution] . . . created the federally protected right of silence and decreed that the law could not be used to pry open one's lips and make him a witness against himself.
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