The Right to Remain Silent
The often forgotten protection of the First Amendment can only help Automattic.
The very public battle between Matt Mullenweg (Automattic) and WP Engine won't be ending anytime soon. From pettiness to legal challenges, to extremely questionable actions – things have been getting very messy. And not for WP Engine, but for Matt.
Given the actions of Matt over the last few weeks, WP Engine has filed an injunction. Essentially, they are trying to shut him up (and stop his actions) because of the damage he is causing to their company. The law specifically provides them with this option, and while I'm far from a lawyer, it looks to have been used appropriately. We'll see how a judge rules on the matter.
An Attack on Free Speech?
In response to this action by WP Engine, Matt wrote a blog post on how his First Amendment right has been attacked.
I can understand this reaction, on some level. No one likes to be told to “stop talking”. The emotional response is often to cite it as a violation of the First Amendment. Now, if Matt really wanted to, he could keep doing what he has been doing, but I suspect his legal team has advised against it.
The First Amendment protects free expression from government censorship or retaliation, but what people often forget is that it also inherently includes the right to remain silent.
Staying silent is prudent, and it's often underutilized. People love to spout off, and they should if they should feel so inclined. However, the sound of silence can be deafening.
The ability to not be goaded into fiery online spats and to hold your word, and peace, close to the vest is a virtue that not many people have. Very few, in fact. And it becomes exceptionally difficult when you feel like you're being attacked, personally.
Protection From Yourself
Your right to remain silent can save your ass. There's the obvious example of refraining from answering questions from the police, but its protection goes beyond just that scenario.
If you're in an ugly lawsuit, as is the case here with Matt and WP Engine, then it also protects you from yourself. Specifically, it protects you from your emotions.
Emotions aren't rational, they are jaded by your own perception. When you act out of emotion, you're broadcasting a very personalized worldview, and that worldview may be wrong in the eyes of a jury. Especially if it's emotionally charged.
Exercising your right to remain silent is honorable. In fact, I'd argue that there are times when it is more powerful than speaking freely. Matt has indicated that he will be staying silent until the judge makes a ruling on the injunction.
I hope that he sees the value in exercising this right.
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