News Release

June 21, 2004

Media Contact: (202) 789-5200

High court: There is no 'right to remain silent'
In 'misguided' 5-4 decision, Supreme Court deals blow to civil liberties

WASHINGTON--The Supreme Court today issued its long-awaited decision in the matter of Hiibel v. Sixth Judicial District. Larry "Dudley" Hiibel broke a Nevada law when he refused to give his name to a policeman. After his conviction, for that offense and no others, Hiibel took his case all the way to the Supreme Court, arguing that the Nevada law violated his constitutional right to remain silent. Hiibel's conviction has now been upheld by the Court.

Tim Lynch, who directs the Cato Institute's Project on Criminal Justice, filed a legal brief on Hiibel's behalf. Lynch had the following comments on the ruling:

"Today, the Supreme Court ruled that the government can turn a person's silence into a criminal offense. This ruling is profoundly misguided. Over and over again, the Supreme Court has stressed that citizens must either assert their rights or those rights will be lost. But with this ruling on the books, ordinary Americans will be hopelessly confused about when they can assert their right to 'remain silent' without being jailed like Mr. Hiibel. The Supreme Court has put its imprimatur on a catch-22 legal trap."

To speak with Lynch about the Hiibel decision, please contact the Cato Institute's media relations office at 202-789-5200.