Courts admit the paradoxical nature of the right to remain silent, since an individual must verbalize their invocation of that right.
Evidence
The Right to Silence Helps the Innocent: A Response to Critics (Brooklyn Law School)
Categorization
- corroborated: 2 independent passages support this claim
- XREF: connects to: Silence is a positive, self-contained reality rather than mere absence. — George Michelsen Foy, Zero Decibels: The Quest for Absolute…, 19; Silence is not simple; reevaluating its constitutional status requires distinguishing it from blankness and recognizing its communicative function. — No Right to Remain Silent: Negative Rights in a Positive-Rights World; Silence is a positive, a reality, and language has the power to make assertions about all reality. — The World of Silence by Max Picard