I agree with you. It’s just that the “right to remain silent” is the name for the category of right that the fifth amendment provides, not the actual right.
The reason the interpretation is bullshit is because what the actual amendment says is stronger than a simple right to not speak: it’s very clearly intended to be freedom from being coerced to provide information that could hurt you. They shouldn’t be able to interrogate you at all until you clearly waive the right against self incrimination.
You don’t have the literal right to remain silent. You have the right to tell them to stop coercing you, after which they have to end the interrogation.
It’s not generally uncommon to have to do something to exercise a right. No one is passively invoking the right to petition their representatives or own weapons. The supreme Court has just unfortunately held that you have to tell the cops to stop pressuring you, instead of them not being able to start.
I agree with you. It’s just that the “right to remain silent” is the name for the category of right that the fifth amendment provides, not the actual right.
The reason the interpretation is bullshit is because what the actual amendment says is stronger than a simple right to not speak: it’s very clearly intended to be freedom from being coerced to provide information that could hurt you. They shouldn’t be able to interrogate you at all until you clearly waive the right against self incrimination.
You don’t have the literal right to remain silent. You have the right to tell them to stop coercing you, after which they have to end the interrogation.
It’s not generally uncommon to have to do something to exercise a right. No one is passively invoking the right to petition their representatives or own weapons. The supreme Court has just unfortunately held that you have to tell the cops to stop pressuring you, instead of them not being able to start.