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But one has freedom of speech without encryption. I'm having a hard time for freedom of speach applies in this case? I am from the UK but my understanding is t

But one has freedom of speech without encryption. I'm having a hard time for freedom of speach applies in this case? I am from the UK but my understanding is that you cant incriminate yourself which would likely be an issue here?

jumbopapa 7y ago
I suspect you could find reasoning in the 1st and 4th amendment that protect encryption. Freedom of Speech would apply to encrypted to or unencrypted communications because you're free to speak in whatever format you choose. It doesn't say that encrypted speech is excluded, so it can only be assumed that it is included.
- dcow 7y ago
  But you’re assuming that encrypted speech only contains its decrypted meaning or even that its decrypted version means anything. Maybe I want to speak the encrypted text. Maybe an encrypted message is what I want to communicate. Imagine an encryption/coding scheme where the cipher-text looks like normal speech but doesn’t mean what it seems like it means... hopefully you get the idea.
  - jumbopapa 7y ago
    I still don't see how in this encryption scheme you could make the case it isn't allowed by the 1st amendment.
jstanley 7y ago
Because you wouldn't be free to speak encrypted messages?
ISL 7y ago
Freedom of speech includes, as a subset, the right to speak in encrypted speech. Wf4SyiBipCvf1+w4LbZVmvTQTknq4OtvI+QV60KAPL88U2BbTvHfPM7TRn0Nl+0kTvI+zjMZdTVp7fDaexcgRoGSOZl1TUsoJOrlygrvCuQlmMCx0GHgBo5i8/jnf4kXSyL8RCIUsiS9A86DNBmcdmTqnVdIykIbVdKZkR+e4df7bq40fBTpF2EvEhG8d9UycGaCK3ULNl4qS+zXtjT/MPTDK2zPZJKon3851a9PboFqhY1jlrI6iL0Z7/LT6+iffhUHNtF0wu/hMKKYr4HkN6iUra8HlpqjFnZ8N3aBpN62hT3zdaEIZg8rqkiHcM9bFmMubaVZZgdqtJuEQK3yYY+Iuj6K/7a7eZLqBWU0DK6lOY/BJIKeg0hRlCnTCk3D2uuWeJCX1SzEdH2jw+RVI2ywd9cIw7Bw/GSnR5WLuxHJSrU55768w0rBfYDFQGfIB/RCLZlyu3eID/v7LJWSUA== The First Amendment, ostensibly AES-encrypted via https://www.gillmeister-software.com/online-tools/text/encrypt-decrypt-text.aspx https://www.gillmeister-software.com/online-tools/text/encry... using the password 'speech'
- cameronbrown 7y ago
  Indeed. You could take the analogy a step further in that if you add the government as an additional party in the conversation, it's compelled speech because they're forcing you to communicate differently.
  - daveFNbuck 7y ago
    The first amendment has been ruled to allow restrictions on the time, place, and manner of speech, as long as those restrictions are content neutral.

jumbopapa 7y ago

I suspect you could find reasoning in the 1st and 4th amendment that protect encryption. Freedom of Speech would apply to encrypted to or unencrypted communications because you're free to speak in whatever format you choose. It doesn't say that encrypted speech is excluded, so it can only be assumed that it is included.

dcow 7y ago
But you’re assuming that encrypted speech only contains its decrypted meaning or even that its decrypted version means anything. Maybe I want to speak the encrypted text. Maybe an encrypted message is what I want to communicate. Imagine an encryption/coding scheme where the cipher-text looks like normal speech but doesn’t mean what it seems like it means... hopefully you get the idea.
- jumbopapa 7y ago
  I still don't see how in this encryption scheme you could make the case it isn't allowed by the 1st amendment.

jstanley 7y ago

Because you wouldn't be free to speak encrypted messages?

ISL 7y ago

Freedom of speech includes, as a subset, the right to speak in encrypted speech. Wf4SyiBipCvf1+w4LbZVmvTQTknq4OtvI+QV60KAPL88U2BbTvHfPM7TRn0Nl+0kTvI+zjMZdTVp7fDaexcgRoGSOZl1TUsoJOrlygrvCuQlmMCx0GHgBo5i8/jnf4kXSyL8RCIUsiS9A86DNBmcdmTqnVdIykIbVdKZkR+e4df7bq40fBTpF2EvEhG8d9UycGaCK3ULNl4qS+zXtjT/MPTDK2zPZJKon3851a9PboFqhY1jlrI6iL0Z7/LT6+iffhUHNtF0wu/hMKKYr4HkN6iUra8HlpqjFnZ8N3aBpN62hT3zdaEIZg8rqkiHcM9bFmMubaVZZgdqtJuEQK3yYY+Iuj6K/7a7eZLqBWU0DK6lOY/BJIKeg0hRlCnTCk3D2uuWeJCX1SzEdH2jw+RVI2ywd9cIw7Bw/GSnR5WLuxHJSrU55768w0rBfYDFQGfIB/RCLZlyu3eID/v7LJWSUA== The First Amendment, ostensibly AES-encrypted via https://www.gillmeister-software.com/online-tools/text/encrypt-decrypt-text.aspx https://www.gillmeister-software.com/online-tools/text/encry... using the password 'speech'

cameronbrown 7y ago
Indeed. You could take the analogy a step further in that if you add the government as an additional party in the conversation, it's compelled speech because they're forcing you to communicate differently.
- daveFNbuck 7y ago
  The first amendment has been ruled to allow restrictions on the time, place, and manner of speech, as long as those restrictions are content neutral.