May 23, 1955: The Supreme Court rules that silence can invoke Fifth Amendment protection

Friday 23 May 2008

A witness who was called to testify before the House Un-American Activities Committee declined to answer questions about his involvement with the Communist Party but did not specifically say he was using his Fifth Amendment right to not self-incriminate. On May 23, 1955 the Supreme Court ruled in Emspak v. United States that a witness need not say specific words to indicate he wanted Fifth Amendment protection. The Court held that ''all that is necessary is an objection stated in language that a committee may reasonably be expected to understand as an attempt to invoke the privilege.''