Do you feel that the 4th amendment should protect them? Or perhaps a new amendment should be written to protect them and abolish power of subpoena?
I’m slightly biased as I ask this. I feel that the mind is “sacred” in a sense, that it should be considered a fundamental human right for an individual to be able to preserve privacy over their internally held thoughts and memories, and that the ability of the court to force an individual to speak or disclose part of their mind is a wild overreach of power and an affront to the personal liberty of the innocent.
Yes, exactly like that.
Of course, it depends on whether the court can prove their recollection whether or not they can be punished, but the bottom line is that it’s still illegal and the court remains legally entitled to forcefully procure truthful thoughts and memories from a person.
I don’t support any suggestion that updating the law doesn’t matter because it is sometimes difficult to enforce, if that was your intention.