Epistemic Arguments for a Democratic Right to Silence

Abstract

Abstract While much ink has been spilt over the political importance of speech, much less has been dedicated to the political importance of silence. This article seeks to fill that gap. We propose the need for a robust, democratic right to silence in public life and argue that there are politically salient epistemic reasons for recognising that right. We begin by defining what silence is and what a robust right to silence entails. We then argue that the right to silence offers two politically salient epistemic benefits. The first is that, if the right to silence is maintained, we can avoid the epistemic harm that may be caused when an individual is compelled to lie in public. The second is that the right to silence can protect marginalised individuals against the epistemic injustices that may arise when others are likely to misconstrue their speech.