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I think many of the founders would have agreed with you. That said, it's my understanding that personal diaries are admissible in court. Our electronics are si
by ISL 13y ago
I think many of the founders would have agreed with you.
That said, it's my understanding that personal diaries are admissible in court. Our electronics are similarly private, so the fourth amendment, protecting 'persons, houses, papers, and effects', applies.
- DannyBee 13y ago"I think many of the founders would have agreed with you." Based on what? The fifth amendment exists mainly to prevent torturing people for extracting information, a practice that was not uncommon in parts of the 16th and 17th centuries. Extending this to "personal assistants" doesn't seem like anything the founders would have supported, so i'd love to see evidence. Again, the fourth amendment, i agree, but the fifth? I don't see it.
- ISL 13y agoMy diary is just myself in the past. Must I be compelled to testify against my future self?
- DannyBee 13y agoYes. Your diary is not testimony. Your blood is not testimony. Your handwriting is not testimony. Testimony is testimony. As mentioned elsewhere, you miss the point of the fifth amendment. It was not because self-testimony was sacred. It is because people were being tortured to get it. Given that a diary is already written, no current harm will come to you from its use. Now, if your question is whether this should be protected that's a question about society and whether we need to pass a new amendment. But it's not what the fifth was there for.