Re:North Carolina tells retired engineer he can't talk about...
by username90 on Sunday June 20, 2021 @10:19AM
(#27570248)
He didn't lie though, he said in his testimony that he wasn't a licenced engineer.
Re:North Carolina tells retired engineer he can't talk about...
by morelisp on Sunday June 20, 2021 @10:49AM
(#27570562)
And that's why he's been accused of practicing engineering without a license and not perjury, and why this is a reply to a specific statement about the first amendment in courtrooms and not a top-level comment about This One Oppressed Guy.
Even if he's 100% correct, that doesn't mean he has a first amendment right to testify!
This is obviously wrong. Lying is broadly protected by free speech but firmly illegal, not just inadmissible, in court testimony. Courts also have the ability to compel testimony under criminal penalty, while free speech includes the right to say nothing or dissemble. Evidentiary standards place further requirements even on the source of what you are saying, regardless of its truth.
Or as the 6th Circuit put it, "The courtroom is a nonpublic forum, where the First Amendment rights of everyone (attorneys included) are at their constitutional nadir."