Re:OpenAI president forced to read his personal diary entrie...
by lesuorac on Wednesday May 06, 2026 @09:41AM
(#48036135)
Yeah, the Framers of the constitution felt the same as you and the 5th amendment used to apply to your belongings as well so a diary you wrote couldn't be used against you.
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Re:OpenAI president forced to read his personal diary entrie...
by bonsai_spool on Wednesday May 06, 2026 @09:42AM
(#48036151)
> your belongings as well so a diary you wrote couldn't be used against you
What's the history around this? And don't these protections only relate to criminal proceedings?
edit: seems the parent is referring to the historical entity of the mere evidence rule which isn't the same as saying that the Framers believed a certain interpretation for the 4/5th amendments.
Re:OpenAI president forced to read his personal diary entrie...
by JackFr on Wednesday May 06, 2026 @09:55AM
(#48036304)
The right against self-incrimination is limited in civil trials. Additionally, unlike criminal trials where a jury will be instructed that a defendant's refusal to answer cannot be construed as evidence, there is no such instruction in civil trials, and it is common to argue that a refusal to answer indicates hiding something.
Re:OpenAI president forced to read his personal diary entrie...
by solomatov on Wednesday May 06, 2026 @09:43AM
(#48036172)
Could you share links about this? When it turned into a different interpretation?
Re:OpenAI president forced to read his personal diary entrie...
by lesuorac on Wednesday May 06, 2026 @09:59AM
(#48036354)
https://en.wikipedia.org/wiki/Mere_evidence_rule
(4th and 5th overlap here but I generally just cite the 5th as the reason why the 4th applies is because of the 5th)