- The government cannot force you to update the canary. A court cannot get you to update it, because it's forced speech to demand an update.
- You created the canary of your own accord, and are responsible for its effects. Not updating the canary is, effectively, speech.
Though, from [0]:
"Realistically, though, courts compel speech all the time. Court-ordered apologies, disclosures, and notices are not unusual. And if ever a court would be inclined to compel speech, it would be in a situation like this one, where a company intentionally set out to get around a gag order with this kind of convoluted sea-lawyering."
- The government cannot force you to update the canary. A court cannot get you to update it, because it's forced speech to demand an update.
- You created the canary of your own accord, and are responsible for its effects. Not updating the canary is, effectively, speech.
Though, from [0]:
"Realistically, though, courts compel speech all the time. Court-ordered apologies, disclosures, and notices are not unusual. And if ever a court would be inclined to compel speech, it would be in a situation like this one, where a company intentionally set out to get around a gag order with this kind of convoluted sea-lawyering."
[0]:http://law.stackexchange.com/questions/268/is-there-any-lega...