Comment by sorcerer-mar
1 day ago
They're no different on the dimension that you identified as relevant: is he able to express himself or not?
I mean, you could put someone in solitary confinement and he'd be "able to express himself."
It's almost as if your heuristic is a bad one, which is why it is not the one established in the US Constitution or 250 years of case law.
If you don't think there is a difference in being free and being in jail, then yeah, I guess we won't find much common ground.