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From: Mills@CISL-SERVICE-MULTICS.ARPA
Newsgroups: mod.legal
Subject: Freedom of Silence?
Message-ID: <851205222307.580241@CISL-SERVICE-MULTICS.ARPA>
Date: Thu, 5-Dec-85 17:23:00 EST
Article-I.D.: CISL-SER.851205222307.580241
Posted: Thu Dec  5 17:23:00 1985
Date-Received: Fri, 13-Dec-85 01:41:10 EST
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Approved: info-law@sri-csl.arpa

Hi there,
          I recently became curious about two aspects of freedom of
speech and expression that I am uncertain about.  Does anyone out there
know anything about real cases involving issues like these?  I am
primarily interested in constitutional interpretations.  The next two
paragraphs talk about abstract principles and the last two about
specific applications of them.  Try to keep the principles in mind as
you read the last paragraphs.

          First, does freedom of speech and expression include freedom
of silence?  I know this is not the case in court when you are asked to
testify for or against someone other than yourself or spouse.  Are there
other times when you are legally required to make any statment?

          Second, does freedom of speech and expression ever take a back
seat relative to someone else finding what you say or express repulsive?
I know you can't yell fire in a theater, but that is endangering other
people, not their disliking what you say.

          The reason I am asking about these points is I am active in
the Naturist (free beach, i.e.  clothing optional beach) movement.  When
I am at a beach that forces me to wear a bathing suit against my will I
feel I am being forced to make the statment, "some parts of my body are
discusting and unfit to be seen." I am being denied freedom of
expression.  I believe my body is just fine the way it is, why am I
forced to make this statement?  Is this constitutional?  Can I not be
silent on statments about my body by not hiding it?

          Some people who have heard this argument and have agreed with
its logic have come back with the argument, "you may think your body is
just fine, but there are some people out there who believe nudity is
repulsive and who do not wish to be subjected to it." I believe that
people who are particularly sensitive to being exposed to some things
should try to avoid encountering them, i.e.  if you don't like
pornography you probably should not partronize "adult" book stores.  Why
should my expression of "my body is just fine" by way of not wearing
anything at the beach be repressed because someone else might find
nudity discusting?  Are there other examples where one philosophical
opinion is legally supported over another?  When thinking of cases
please don't fixate on cases explicitly involving nudity, but rather on
freedom of silence and whether people like what you say.

John Mills

Disclaimer:  These views are stickly my own and anyone else's who
             might care to share them with me.