NCJ Number
130881
Date Published
1990
Length
14 pages
Annotation
This analysis of the significance of three forms of silence focuses on the silence that may indicate that an opinion or belief has not received a fair hearing, the silence that is claimed by an individual as an extension of the right to free speech, and silence claimed as part of the right against self-incrimination.
Abstract
Bertrand Russell discusses the first form of silence in connection with civil disobedience, claiming that civil disobedience may sometimes be justified as a means of obtaining a fair hearing for an opinion that would not otherwise be heard. The second form of silence is a form of speech and has been justified in a case involving a State's requirement that students recite the pledge of allegiance to the United States flag. The third form of silence can be claimed by defendants in criminal trials in Great Britain and the United States. Analysis of these forms of silence and their relationship to the concepts of tolerance and understanding as developed by Locke and Kant underscore the need to understand silence as a form of communication that is just as important as speech. Note