title: Queensrÿche

text: While Tate continued working on an upcoming solo album, "Kings & Thieves", and a subsequent tour, Queensrÿche's other band members started the side project that eventually became Rising West. Wilton explained that: "Originally this was deemed as a side project, because we were told by our management that we were not going to do anything for the next year so hey, we have to survive." They already had been approached by Glen Parrish of PGM Management after their show on June 9, 2012, who offered to become their band manager. According to Wilton, Parrish had told the management company in Los Angeles: "I have something very hot here and we should grab these guys before someone else does". After band negotiations with "at least 3 or 4 record labels", Parrish chose to sign Queensrÿche with Century Media. Still in search of a frontman for the at-the-time unnamed project, Wilton recommended Todd La Torre to his bandmates, the then-frontman of Crimson Glory, whom he had met several months prior at the NAMM Show in January 2012. Their encounter had resulted in a songwriting collaboration, among others on a song named "Don't Look Back", which in 2013 would make its way onto Queensrÿche's self-titled album. The band heard some of La Torre's demos on YouTube, and took a leap of faith by booking and announcing two shows at Seattle's Hard Rock Cafe on June 8 and 9, 2012, even before La Torre met the band members. The project would initially be called "West", which stood for the four members of the band: "Wilton, Eddie, Scott and Todd", but was later renamed "Rising West" at the suggestion of Jackson. The band was enthusiastic about this addition to the name, because it reflected the feeling that the project was "something really fresh" for everyone involved; it additionally referred to the band members living on the West Coast, flowed better as a band name than simply "West", and [in deemphasizing the WEST acronym] acknowledged that Lundgren was also going to participate in the project. The shows were publicly announced on May 29, 2012, revealing that they would focus on Queensrÿche's older work. Both shows sold out in 48 hours, among others to fans from Japan, Australia and New Zealand. When the band flew La Torre in from Florida to Seattle nine days before the show to rehearse at Rockenfield's house, they hadn't played a note together, nor did they know whether it would work. Although La Torre was a big fan of Queensrÿche's older albums, he was not very familiar with the songs on "Promised Land" and they had only limited time to prepare for the shows, the band focused on the material from the "Queensrÿche" EP to the band's fourth studio album, "Empire", which are generally considered the band's heaviest releases, and according to La Torre: "are the songs and the time period that most represented the core sound of what Queensryche material was about". Their first rehearsal together went very smoothly, according to Wilton: "we blasted through 18 to 20 songs and everybody was amazed from the professionality, the musicianship and tone of Todd's voice." Rockenfield was immediately reassured: "the second we played "Queen of the Reich", it was all over."


title: Queensrÿche

text: Meanwhile, Tate, along with his wife, moved forward with the lawsuit they had filed against his former bandmates, claiming unlawful termination and seeking a preliminary injunction to prevent both himself and the remaining bandmembers from using the Queensrÿche name until the issue was resolved. While the Washington state superior court denied this motion on July 13, 2012, they also denied a counter-motion for a preliminary summary judgment filed by the defense (Wilton, Jackson, and Rockenfield); collectively, these rulings enabled both parties to use the brand "Queensrÿche" until a court ruling or settlement further clarified the matter. Subsequent to this temporary verdict, both entities toured with independent bands under the "Queensrÿche" moniker between June 2012 and April 2014, with one incarnation consisting of the remaining Queensryche members fronted by La Torre, and the other featuring Tate with his own lineup. In addition, both versions of the group released studio albums during this time, with Geoff Tate's incarnation releasing "Frequency Unknown" in April 2013, and the La Torre-fronted lineup releasing a self-titled album two months later.


title: Queensrÿche

text: A settlement was reached on April 17, 2014, and a statement from both parties was released on April 28, 2014. The statement announced that Tate lost the brand Queensrÿche to Rockenfield, Wilton and Jackson, who together with La Torre and Lundgren are to be "the sole band recording and touring as Queensryche", while former vocalist Tate solely has the right to play "Operation: Mindcrime" and "Operation: Mindcrime II" in their entirety "in unique performances". On May 5, 2014, a press release was released through Wilton's Facebook page, further clarifying the specifics of the settlement.


title: Queensrÿche

text: On November 7, 2014, the band opened a pledge drive through PledgeMusic that allowed fans to pre-order their next album, which would be their second with La Torre and their 14th overall. The campaign used the motto "Building The Empire", and offered regular pledge rewards such as CDs, exclusive access and equipment, but also an investment opportunity for $50,000 in Queensrÿche Holdings, LLC to accredited investors. The campaign page revealed that recording would likely take place between December 1, 2014 and February 28, 2015, and that the album was expected to be ready for release in late spring or early summer 2015. The campaign page also included a video of band members and crew discussing the band's desire to approach their fans more proactively, with their attorney Thomas Osinski remarking: "this is famously a band that kept to itself, and in this new era of openness, they want to join with their fans [and] more so after the last few years of challenges they've been through". The term "Building Empires" was used previously in the "Empire" tour, as well as a video from that tour, although in this context it is used to indicate that the fans are helping to rebuild the band's career.


title: Queensrÿche

text: In a January 2015 interview, lead vocalist Todd La Torre revealed that in February they would "hopefully" start tracking their next album. Three months later, guitarist Michael Wilton spoke to interviewer Jennifer Kessinger at the 2015 Welcome to Rockville Festival about the songwriting progress of the album, which was being recorded at the Uberbeatz studio in Washington with producer Zeuss. Wilton said that "it is everything that a fan of Queensrÿche would want from the band" and stated that in more recent concerts and festivals, fans had expressed their satisfaction with the band's current line up. Wilton revealed in a later interview that they had finished recording the album, and it was being in the process of being mixed and mastered before being sent off to their record label Century Media Records. However, he did not reveal a title or release date.


title: Queensrÿche

text: On July 17, 2015, the band announced that a clip of a new song titled "Arrow of Time" would be released to fans who participated in their PledgeMusic campaign. The song was the opening track of the new album, titled "Condition Hüman". On August 3, the album's track list and artwork were revealed. Todd La Torre stated that "The artwork depicts a beautiful innocence surrounded by the darkness of a jaded unpredictable world." The new album was released on October 2, 2015.


title: Queensrÿche

text: In the weeks leading up to the release of "Condition Hüman" the band toured North America with German hard rock veterans Scorpions. After the new album's release, the band embarked on a tour of the United States in early 2016, and a European tour in September of that year. In October 2016, the band performed in Australia and the Far East. On March 28, 2017, the band announced Rockenfield would take paternity leave to care for his newborn son, and that Kamelot drummer Casey Grillo would fill in his spot for upcoming live dates. In August 2018, guitarist Mike Stone returned for a couple of months filling in for Parker Lundgren who had to take care of "personal things".


title: Queensrÿche

text: On May 1, 2017, Todd La Torre revealed plans for the band's next studio album. He said that approximately 15 songs were ready at that point and that they could be characterized by a faster tempo than those on the previous album. The band hoped to enter the studio in September 2017, for an early 2018 release via Century Media. In July 2018, in a Facebook post offering the forthcoming album for early orders, the band announced that the album would be released in 2019. On October 29, 2018, the band revealed that the album was entitled "The Verdict" and released it on March 1, 2019. According to Blabbermouth.net, Todd La Torre was confirmed as playing drums on the album. In November 2019, Wilton stated that he wanted touring drummer Grillo to play on the next Queensryche album.


title: Queensrÿche

text: In July 2021, Parker Lundgren announced he had left the band to pursue "other business ventures". Mike Stone filled in for the subsequent tour, and later rejoined as a full-time member.


title: Queensrÿche

text: In January 2022, Queensrÿche confirmed they had entered the studio with Zeuss reprising his role as producer, and begun recording their sixteenth studio album, with a tentative late-2022 release date. Grillo confirmed that he was going to play drums on the album. On May 20, 2022, the band announced that the album was titled "Digital Noise Alliance" and that it will be released on October 7.


title: Queensrÿche

text: Queensrÿche's logo, the so-called Tri-Ryche (written without an umlaut on the 'y'), also stems from the band's early years. Artist Wes "Grizz" Griswold, who made the artwork for the "Queensrÿche" EP, used to sign his work with a doodle morphed from a crude drawing of a peregrine falcon. He also used it for the stage set and backdrop of Queensrÿche's first tour, which he designed. After the band was signed, the record company adopted the doodle as the band's logo. However, the Tri-Ryche has never been trademarked by Queensrÿche due to a long-standing controversy over who actually created the Tri-Ryche. Todd Rockenfield, the brother of Queensrÿche's drummer, who designed the typeface of the word "Queensryche" on the front and back of the EP, claimed the design of the Tri-Ryche in its eventual form was his, and the band acknowledges his role in the development of the Tri-Ryche. The Tri-Ryche is prominently featured on most of Queensrÿche's album covers.


title: Queensrÿche

text: The "Billboard" Music Awards are awarded by "Billboard" magazine, the preeminent publication covering the music business.


title: Queensrÿche

text: The Concrete Foundations Awards was held by Foundations Forum, which honored contributions by music artists to the hard rock and heavy metal genres.


title: Toby Keith

text: Toby Keith Covel (born July 8, 1961), known professionally as Toby Keith, is an American country music singer, songwriter, actor, and record producer. He released his first four studio albums—1993's "Toby Keith", 1994's "Boomtown", 1996's "Blue Moon" and 1997's "Dream Walkin'", plus a Greatest Hits package—for various divisions of Mercury Records before leaving Mercury in 1998. These albums all earned Gold or higher certification, and produced several Top Ten singles, including his debut "Should've Been a Cowboy", which topped the country charts and was the most-played country song of the 1990s. The song has received three million spins since its release, according to Broadcast Music Incorporated.


title: Toby Keith

text: Signed to DreamWorks Records Nashville in 1998, Keith released his breakthrough single "How Do You Like Me Now?!" in late 1999. This song, the title track to his 1999 album of the same name, was the number one country song of 2000, and one of several chart-toppers during his tenure on DreamWorks Nashville. His next three albums, "Pull My Chain", "Unleashed", and "Shock'n Y'all", produced three more number ones each, and all of the albums were certified 4× Platinum. A second Greatest Hits package followed in 2004, and after that, he released "Honkytonk University".


title: Toby Keith

text: When DreamWorks closed in 2005, Keith founded the label Show Dog Nashville, which merged with Universal South Records to become Show Dog-Universal Music in December 2009. He has released ten studio albums through Show Dog/Show Dog-Universal: 2006's "White Trash with Money", 2007's "Big Dog Daddy", 2008's "That Don't Make Me a Bad Guy", 2009's "American Ride", 2010's "Bullets in the Gun", 2011's "Clancy's Tavern", 2012's "Hope on the Rocks", 2013's "Drinks After Work", 2015's "35 MPH Town", 2017's "The Bus Songs", and 2021's "Peso in My Pocket", as well as the compilation "35 Biggest Hits" in 2008. Keith also made his acting debut in 2006, starring in the film "Broken Bridges", and co-starred with comedian Rodney Carrington in the 2008 film "Beer for My Horses", inspired by his song of the same name.


title: Toby Keith

text: Keith has released 19 studio albums, 2 Christmas albums, and 5 compilation albums, totaling worldwide sales of over 40 million albums. He has charted 61 singles on the "Billboard" Hot Country Songs charts, including 20 number one hits and 22 additional top 10 hits. His longest-lasting number one hits are "Beer for My Horses" (a 2003 duet with Willie Nelson) and "As Good as I Once Was" (2005), at six weeks each. Keith was awarded the National Medal of Arts by President Donald Trump in a closed ceremony alongside Ricky Skaggs on January 13, 2021.


title: Toby Keith

text: Keith was born in Clinton, Oklahoma, to Carolyn Joan ("née" Ross) and Hubert K. Covel, Jr. He has a sister and a brother. The family lived in Fort Smith, Arkansas, for a few years when Keith was in grade school, but moved to Moore, Oklahoma (a suburb of Oklahoma City), when he was still young. Before the family moved to Moore, he visited his grandmother in Fort Smith during the summers. His grandmother owned Billie Garner's Supper Club in Fort Smith, where Keith became interested in the musicians who came there to play. He did odd jobs around the supper club and started getting up on the bandstand to play with the band. He got his first guitar at the age of eight. After the family moved to Moore, Keith attended Highland West Junior High and Moore High School, where he played defensive end on the football team.


title: Toby Keith

text: Keith graduated from Moore High School and worked as a derrick hand in the oil fields. He worked his way up to become an operation manager. When Keith was 20, he and his friends Scott Webb, Keith Cory, David "Yogi" Vowell and Danny Smith, with a few others, formed the Easy Money Band, which played at local bars as he continued to work in the oil industry. At times, he would have to leave in the middle of a concert if he was paged to work in the oil field.


title: Toby Keith

text: In 1982, the oil industry in Oklahoma began a rapid decline and Keith soon found himself unemployed. He fell back on his football training and played defensive end with the semi-pro Oklahoma City Drillers while continuing to perform with his band. (The Drillers were an unofficial farm club of the United States Football League's Oklahoma Outlaws; Keith tried out for the Outlaws but did not make the team.) He then returned to focus once again on music. His family and friends were doubtful he would succeed, but, in 1984, Easy Money (various other band members included Mike Barnes, T.A. Brauer, and David Saylors) began playing the honky-tonk circuit in Oklahoma and Texas.


title: Toby Keith

text: In the early 1990s, Keith went to Nashville, Tennessee, where he hung out and busked on Music Row and at a place called Houndogs. He distributed copies of a demo tape the band had made to the many record companies in the city. There was no interest by any of the record labels, and Keith returned home feeling depressed. He had promised himself and God to have a recording contract by the time he was 30 years old or give up on music as a career. A flight attendant and fan of his gave a copy of Keith's demo tape to Harold Shedd, a Mercury Records executive, while he was traveling on a flight she was working. Shedd enjoyed what he heard, went to see Keith perform live and then signed him to a recording contract with Mercury.


title: Toby Keith

text: Keith's debut single, "Should've Been a Cowboy", went to number one on the U.S. "Billboard" Hot Country Songs chart in 1993, and it reached number 93 on the "Billboard" Hot 100. This song led off his self-titled debut album. By the end of the decade, "Should've Been a Cowboy" received more than three million spins at radio, thus making it the most-played country song of the 1990s. Certified platinum by the Recording Industry Association of America (RIAA) for shipments of one million copies, the album produced three more Top 5 hits on the country charts with "He Ain't Worth Missing" (at #5), "A Little Less Talk and a Lot More Action" (originally the B-side of "Should've Been a Cowboy") and "Wish I Didn't Know Now" (both at #2). Stephen Thomas Erlewine of Allmusic wrote of the album, "It is given a production that's a bit too big, clean, glossy and cavernous for Keith's good—it fits the outsized sound of early-'90s radio, but not his outsized talent—but beneath that sheen the songs are very strong." He also thought that it showed the signs of the style that Keith would develop on subsequent albums. The album's success led to Keith touring with then-labelmates Shania Twain and John Brannen. Keith and Twain also appeared in Tracy Lawrence's music video for "My Second Home" in 1993.


title: Toby Keith

text: Keith then signed with Polydor Records Nashville and released his second album, "Boomtown", in September 1994. Also certified platinum, this album was led off by the number one single "Who's That Man". After it, "Upstairs Downtown" and "You Ain't Much Fun" both made the Top 10, while "Big Ol' Truck" peaked at number 15. By late-1995, he released his first Christmas album, "Christmas to Christmas", via Mercury. Composed entirely of original songs, the album produced one chart entry in "Santa I'm Right Here", which reached as high as number 50 based on Christmas airplay.


title: Toby Keith

text: Keith then signed with the short-lived Nashville division of A&M Records to release his third album "Blue Moon" in April 1996. That album received a platinum certification and produced three singles. Its first single, "Does That Blue Moon Ever Shine on You", which Keith wrote in 1987, peaked at number 2. Following it were "A Woman's Touch" at number 6, and "Me Too", which became his third number one hit in March 1997. Keith also appeared on The Beach Boys' now out-of-print 1996 album "Stars and Stripes Vol. 1" performing a cover of their 1963 hit "Be True to Your School" with the Beach Boys themselves providing the harmonies and backing vocals.


title: Toby Keith

text: Following a corporate merger, Keith returned to Mercury in 1997. His fourth studio album, "Dream Walkin'", was also his first produced by James Stroud, who would also serve as Keith's co-producer until 2005. It produced two consecutive number 2 hits with "We Were in Love" and a cover of Sting's 1996 single "I'm So Happy I Can't Stop Crying". Sting also sang duet vocals and played bass guitar on it, and the two also performed the song at the 1997 Country Music Association awards. After this song, the album's title track reached number 5, while "Double Wide Paradise" peaked at number 40.


title: Toby Keith

text: Keith's last Mercury release was "Greatest Hits Volume One" in October 1998. The album included twelve of his prior singles and two new songs: the country rap "Getcha Some" and "If a Man Answers". Both were released as singles, with "Getcha Some" reaching the Top 20, but "If a Man Answers" became his first single to miss the Top 40. According to Keith, these two songs were originally to be put on a studio album, but Mercury executives, dissatisfied with the album that Keith had made, chose to put those two songs on a greatest hits package, and asked him to "go work on another album". After he recorded two more songs which the label also rejected, he asked to terminate his contract with the label. After exiting Mercury, Keith co-wrote Shane Minor's debut single "Slave to the Habit" with Chuck Cannon and Kostas.


title: Toby Keith

text: In 1999, Keith moved to DreamWorks Records' Nashville division, of which Stroud served as president. His first release for the label was "When Love Fades", which also failed to make Top 40. Upon seeing the single's poor performance, Keith requested that it be withdrawn and replaced with "How Do You Like Me Now?!", a song that he wrote with Chuck Cannon, and which had previously been turned down by Mercury. It also served as the title track to his first DreamWorks album, "How Do You Like Me Now?!" The song spent five weeks at number 1 on the country charts, and became his first top 40 pop hit, with a number 31 peak on the Hot 100. It was also the top country song of 2000 according to the Billboard Year-End chart. The album, which was certified platinum, produced a Top 5 hit in "Country Comes to Town" and another number 1 in "You Shouldn't Kiss Me Like This". It was also his first album to feature songs co-written by Scotty Emerick, who would be a frequent collaborator of Keith's for the next several albums. Steve Huey wrote that this album "had a rough, brash attitude that helped give Keith a stronger identity as a performer." In 2001, Keith won the Academy of Country Music's Top Male Vocalist and Album of the Year awards.


title: Toby Keith

text: Following this album was "Pull My Chain", released in August 2001. The album's three singles—"I'm Just Talkin' About Tonight", "I Wanna Talk About Me", and "My List"—all went to number 1 on the country charts, with the latter two both holding that position for five weeks. "I Wanna Talk About Me", written by Bobby Braddock, also displayed a country rap influence with its spoken-word lyrics. The Country Music Association named "My List" as Single of the Year in 2002. Of "Pull My Chain", Erlewine wrote that "this is a bigger, better record than its predecessor, possessing a richer musicality and a more confident sense of humor".


title: Toby Keith

text: In 2002, he released the "Unleashed" album which included four singles. First was "Courtesy of the Red, White, & Blue (The Angry American)", which Keith wrote in 20 minutes as a response to the September 11, 2001 attacks. The song references Keith's father, a United States Army veteran who died that March in a car accident. Both this song and "Who's Your Daddy?" were number 1 hits, with "Rock You Baby" reaching number 13. The last single was "Beer for My Horses", a duet with Willie Nelson which spent six weeks at the top of the country charts. At the time, it was also Keith's highest entry on the Hot 100, at number 22. In July 2003, Keith made a guest appearance on Scotty Emerick's debut single "I Can't Take You Anywhere", which was previously recorded by Keith on "Pull My Chain". Emerick's version of the song was his only top 40 country hit, at number 27.


title: Toby Keith

text: "Shock'n Y'all", his eighth studio album, was released in November 2003. The album's title is a pun on the military term "shock and awe". It became his second album from which all singles went to number 1: "I Love This Bar", "American Soldier", and "Whiskey Girl". Also included on the disc were "The Taliban Song" and "Weed with Willie", two live songs recorded with Emerick. The album was followed in late 2004 by "Greatest Hits 2", which included three new songs: "Stays in Mexico", "Go with Her", and a cover of Inez and Charlie Foxx's "Mockingbird", recorded as a duet with his daughter, Krystal Keith. "Stays in Mexico" was a number 3 hit on the country charts, while "Mockingbird" peaked at number 27.


title: Toby Keith

text: Keith's final DreamWorks album was "Honkytonk University" in early 2005. Lead-off single "Honkytonk U" peaked at number 8, followed by "As Good as I Once Was", which spent six weeks at number 1, and "Big Blue Note" at number 5. After the release of the latter, DreamWorks Records ceased operations.


title: Toby Keith

text: On August 31, 2005, Keith founded a new label, Show Dog Nashville. Its first release was his 2006 album "White Trash with Money", followed by the soundtrack to "Broken Bridges". He also abandoned Stroud as co-producer in favor of Cannon's wife, Lari White. The album included three singles: "Get Drunk and Be Somebody", "A Little Too Late", and "Crash Here Tonight". "Big Dog Daddy" followed in 2007, with Keith serving as sole producer. Its singles were "High Maintenance Woman", "Love Me If You Can", and "Get My Drink On". "Love Me If You Can" became Keith's first number 1 hit since "As Good as I Once Was" more than two years prior. A two-disc Christmas album, "A Classic Christmas", followed later in 2007. In 2008, Keith completed his Biggest and Baddest Tour. On May 6, 2008, he released "35 Biggest Hits", a two-disc compilation featuring most of his singles to date, as well as the new song "She's a Hottie", which peaked at number 13.


title: Toby Keith

text: Keith released "She Never Cried in Front of Me", which went to number 1 in 2008. Its corresponding album, "That Don't Make Me a Bad Guy", followed on October 28, 2008. It was followed by "God Love Her", also a number 1 hit, and "Lost You Anyway". "American Ride", in 2009, produced another number 1 in its title track. It was followed by the Top 10 hit "Cryin' for Me (Wayman's Song)", a tribute to basketball player and jazz bassist Wayman Tisdale, a friend of Keith's who died in May 2009. The album's final single was "Every Dog Has Its Day".


title: Toby Keith

text: "Bullets in the Gun" was released on October 5, 2010. This was Keith's first album not to produce a top 10 hit, with "Trailerhood" reaching number 19, followed by the title track and "Somewhere Else" both at number 12. Keith produced the album with session guitarist Kenny Greenberg and recording engineer Mills Logan.


title: Toby Keith

text: On October 25, 2011, "Clancy's Tavern" was released. The album included the single "Made in America", written by Keith along with Bobby Pinson and Scott Reeves, which went to number 1. Following it was "Red Solo Cup", which had previously been made into a music video which became popular. Upon release as a single, "Red Solo Cup" became Keith's best-peaking crossover, reaching number 15 on the Hot 100. The album's final single was "Beers Ago" at number 6 in 2012. In December 2011, Keith was named "Artist of the Decade" by the American Country Awards.


title: Toby Keith

text: Keith's sixteenth album, "Hope on the Rocks", was released in late 2012. It produced only two singles, both of which are top 20 hits: "I Like Girls That Drink Beer" reached at number 17 and the title track peaked at number 18.


title: Toby Keith

text: In mid-2013, he entered the charts with "Drinks After Work", the first single from his seventeenth album, also titled "Drinks After Work". The album's second single is "Shut Up and Hold On".


title: Toby Keith

text: In October 2014, Keith released "Drunk Americans", the lead single from his eighteenth studio album, "35 MPH Town". In April 2015, Keith released "35 MPH Town", the album's title track and second single. In 2015, Keith was also inducted into the Songwriters Hall of Fame.


title: Toby Keith

text: In September 2017, Keith released the compilation album, "The Bus Songs". The album contains twelve songs: two new, five re-recorded, and five previously released songs. The new songs on the album are "Shitty Golfer" and "Wacky Tobaccy". In the U.S. "The Bus Songs" topped the "Billboard" Comedy Albums chart for 11 weeks. It also reached number 6 on the Top Country Albums chart and 38 on the "Billboard" 200 chart.


title: Toby Keith

text: In 2021, Keith featured on the Brantley Gilbert single "The Worst Country Song of All Time" with Hardy.


title: Toby Keith

text: Keith performed on a series of television advertisements for Telecom USA for that company's discount long-distance telephone service 10-10-220. He also starred in Ford commercials, singing original songs such as "Ford Truck Man" and "Field Trip (Look Again)" while driving Ford trucks.


title: Toby Keith

text: Keith made an appearance at the first Total Nonstop Action Wrestling (then NWA-TNA) weekly pay-per-view on June 19, 2002, where his playing of "Courtesy of the Red, White and Blue" was interrupted by Jeff Jarrett. He would later enter the Gauntlet for the Gold main event, suplexing Jarrett and eliminating him from the match. A short video of the suplex is seen in the clip package when he goes onstage. He appeared the next week, on June 26, and helped Scott Hall defeat Jarrett in singles action.


title: Toby Keith

text: In 2009, Keith participated in the Comedy Central Roast of Larry the Cable Guy, which aired on March 14, 2009.


title: Toby Keith

text: Keith received the "Colbert Bump" when he appeared on Comedy Central's "The Colbert Report". He holds the distinction of being the only musical artist to have received a five star rating from Stephen Colbert on iTunes. Keith furthered this connection when he appeared in as a hunter. Keith also made an appearance as a musical guest on the October 27, 2011 episode of the Colbert Report.


title: Toby Keith

text: On October 29, 2011, Keith appeared on Fox Channel's "Huckabee" with former Arkansas Governor Mike Huckabee. He played "Bullets in the Gun" and he joined with "Huckabee"s house band to play a song at the end of the show.


title: Toby Keith

text: In the Autumn of 2005, he filmed "Broken Bridges", written by Cherie Bennett and Jeff Gottesfeld, and directed by Steven Goldmann. This feature film from Paramount/CMT Films was released on September 8, 2006. In this contemporary story set in small-town Tennessee, Keith plays Bo Price, a washed-up country musician. The movie also stars Kelly Preston, Burt Reynolds, Tess Harper, and Lindsey Haun.


title: Toby Keith

text: Keith wrote and starred in the 2008 movie "Beer for My Horses", which is based on the 2003 hit song of the same name recorded by Keith and Willie Nelson.


title: Toby Keith

text: In 2005, Keith opened Toby Keith's I Love This Bar & Grill in Oklahoma City, Oklahoma, as well as Syracuse, New York, and Tulsa, Oklahoma, and now also has restaurants in Thackerville, Oklahoma; Auburn Hills, Michigan; Kansas City; Las Vegas; Mesa, Arizona; Peoria, Arizona; St. Louis Park, Minnesota; Foxborough, Massachusetts; Cincinnati, Ohio; Newport News, Virginia; and Denver, Colorado. Keith does not actually own the new restaurants; the new restaurant is the first in a franchise under Scottsdale, Arizona-based Capri Restaurant Group Enterprises LLC, which purchased the master license agreement to build more Toby Keith restaurants nationwide. Capri Restaurant Group is owned by Frank Capri, who opened the restaurant in Mesa in the shopping center known as Mesa Riverview and is planning on opening multiple locations across the country.


title: Toby Keith

text: In 2009, Capri Restaurant Group announced that it will open another "I Love this Bar & Grill" location in Pittsburgh, Pennsylvania's South Side Works shopping and entertainment district.


title: Toby Keith

text: February 2010 marked the opening of the Toby Keith's I Love This Bar & Grill in the Winstar World Casino, exit 1 on Interstate 35 in Oklahoma. Other locations opened in 2010 by the Capri Restaurant Group included those in Great Lakes Crossing in Auburn Hills, Michigan, and in the Shops at West End in St. Louis Park, Minnesota. Both of which closed in 2015.


title: Toby Keith

text: In 2011, Keith introduced a new drink named “Wild Shot". At first it was only available in Mexico, but now is sold and served in America. It is a featured drink in his restaurant chain, I Love this Bar and Grill.


title: Toby Keith

text: Keith's music career and his various other business ventures have made him one of the wealthiest celebrities in the United States. The July 15, 2013, edition of Forbes magazine features Keith on the cover with the caption "Country Music's $500 million man". The article titled "Cowboy Capitalist" by Zack O'Malley Greenburg also contains information regarding Keith's earnings as a musician over the course of his career, such as earning $65 million in the past 12 months, which surpasses the earnings of even more well known musicians such as Jay-Z and Beyoncé and that he hasn't earned less than $48 million a year over the past 5 years. Keith has written at least one #1 country single over the past 20 years and the partnership between his own label, Show Dog-Universal, and Big Machine Records, which Keith also helped found in 2005.


title: Toby Keith

text: Since 2002, Keith has made numerous trips to the Middle East to perform for those serving in the U.S. military. “My father was a soldier. He taught his kids to respect veterans,” said Keith. “It's that respect and the thank-you that we have a military that's in place and ready to defend our nation; our freedom.”


title: Toby Keith

text: In 2004, Keith called himself "a conservative Democrat who is sometimes embarrassed for his party". He endorsed the re-election of President George W. Bush in the 2004 presidential election and performed at a Dallas, Texas, rally on the night before the election. Keith also endorsed Democrat Dan Boren in his successful run in Oklahoma's 2nd congressional district and is good friends with former Democratic New Mexico Governor Bill Richardson.


title: Toby Keith

text: In a January 2007 interview with "Newsday", Keith was asked whether he supported the Iraq War. He responded with "Never did," and said he favors setting a time limit on the campaign. He also said, "I don't apologize for being patriotic... If there is something socially incorrect about being patriotic and supporting your troops, then they can kiss my ass on that, because I'm not going to budge on that at all. And that has nothing to do with politics. Politics is what's killing America."


title: Toby Keith

text: In April 2008, Keith said that Barack Obama "looks like a great speaker and a great leader. And I think you can learn on your feet in there, so I don't hold people responsible for not having a whole bunch of political background in the House and Senate." His remarks continued, "I think [John] McCain is a great option too." In August 2008, he called Obama "the best Democratic candidate we've had since Bill Clinton".


title: Toby Keith

text: In October 2008, Keith told CMT that he had left the Democratic Party and has re-registered as an independent. "My party that I've been affiliated with all these years doesn't stand for anything that I stand for anymore," he says. "They've lost any sensibility that they had, and they've allowed all the kooks in. So I'm going independent." He also told CMT that he would likely vote for the Republican ticket, partially because of his admiration for Sarah Palin.


title: Toby Keith

text: In March 2009, Keith received the Johnny "Mike" Spann Memorial Semper Fidelis Award during a New York ceremony held by the Marine Corps-Law Enforcement Foundation. The trophy is named for the CIA operative (and former Marine Corps captain) who was the first U.S. casualty in the war in Afghanistan. "Spending time with our soldiers around the world is something I've always regarded as a privilege and honor," he said. "I'm certainly happy to accept this award, but I won't forget for a second who's really doing the heavy lifting to keep this country safe. And that's why I'll keep going back and spending time with those good folks every chance I get."


title: Toby Keith

text: In April 2009, he voiced support for Obama on Afghanistan and other decisions: "He hired one of my best friends who I think should run for president someday...Gen. James Jones as a national security adviser. He's sending troops into Afghanistan, help is on the way there. And I'm seeing some really good middle range stuff. I'm giving our commander in chief a chance before I start grabbing. So far, I'm cool with it."


title: Toby Keith

text: On March 24, 2001, Keith's father, H.K. Covel, was killed in a car accident. That event and the September 11 attacks in 2001 prompted Keith to write the song "Courtesy of the Red, White, & Blue", a song about his father's patriotism and faith in the United States, originally intended only for live shows. According to Keith, following a performance for military leadership, Commandant of the Marine Corps James L. Jones told Keith it was his "duty as an American citizen" to record the song. As the lead single from the album "Unleashed" (2002), "Courtesy of the Red, White, & Blue" peaked at number one on the July 20, 2002 Billboard Hot Country Songs chart.


title: Toby Keith

text: ABC invited Keith to perform on a 2002 Fourth of July concert it was producing. According to Keith, he was dropped from the show after host Peter Jennings heard the song "Courtesy of the Red, White and Blue" and rejected it. Keith was further quoted as saying "Isn't he Canadian?", and "I bet Dan Rather wouldn't kick me off his show." Dan Rather, in response, stated “And I'm not gonna be a hypocrite, you wouldn't want me to. I like Peter, he's a good guy.” ABC, however, stated that it was the network that did not want to begin the show with an angry song. Jennings later stated that, while the situation was regrettable, opening the show with the song "probably wouldn't set the right tone".


title: Toby Keith

text: Keith had a public feud with the Dixie Chicks over the song "Courtesy of the Red, White, & Blue", in 2002, as well as over comments they made about President George W. Bush on stage during a concert in London, in March 2003. The lead singer of the Dixie Chicks, Natalie Maines, publicly stated that Keith's song was "ignorant, and it makes country music sound ignorant". Keith responded by displaying a backdrop at his concerts showing a doctored photo of Maines with Iraqi dictator Saddam Hussein. On May 21, 2003, Maines wore a T-shirt with the letters "FUTK" on the front at the Academy of Country Music Awards. While a spokesperson for the Dixie Chicks said that the acronym stood for "Friends United in Truth and Kindness," many, including host Vince Gill, took it to be a shot at Keith ("Fuck You Toby Keith"). In an October 2004 appearance on "Real Time with Bill Maher", Maines finally confessed that it was indeed a shot at Keith, and that she "thought that nobody would get it".


title: Toby Keith

text: In August 2003, Keith's representation publicly declared he was done feuding with Maines "because he's realized there are far more important things to concentrate on". Keith was referring specifically to the terminal illness of a former bandmate's daughter, Allison Faith Webb. However, he continues to refuse to say Maines' name, and claims that the doctored photo was intended to express his opinion that Maines' criticism was an attempt to squelch Keith's free speech.


title: Toby Keith

text: In April 2008, a commercial spot to promote Al Gore's "We Campaign", involving both Keith and the Dixie Chicks, was proposed. However, the idea was eventually abandoned due to scheduling conflicts.


title: Toby Keith

text: On January 19, 2017, Toby Keith performed at the pre-Inaugural "Make America Great Again! Welcome Celebration" held at the Lincoln Memorial in Washington, D.C. in celebration of the beginning of the presidency of Donald Trump. Keith thanked outgoing president Barack Obama for his service and thanked president-elect Trump at the start of the celebration. Keith then played several of his patriotic songs, including "American Soldier", "Made in America", "Beer For My Horses", and "Courtesy of the Red, White and Blue".


title: Toby Keith

text: On January 13, 2021, it was reported that Keith had been awarded the National Medal of Arts by President Trump. The award was given in a closed ceremony, alongside fellow country musician Ricky Skaggs.


title: Toby Keith

text: Keith has an honorary degree from Villanova University, which he attended from 1979 to 1980. He planned to be a petroleum engineer.


title: Toby Keith

text: An avid University of Oklahoma sports fan, Keith is often seen at Oklahoma Sooners games and practices. He is also a fan of professional wrestling, being seen in the front row of numerous WWE shows that take place in Oklahoma, as well as performing "Courtesy of the Red, White, & Blue (The Angry American)" live at the first ever TNA Wrestling show on June 19, 2002. He is also a fan of the Pittsburgh Steelers football team. He is a Free Will Baptist.


title: Toby Keith

text: On March 24, 1984, Keith married Tricia Lucus. He is the father of three children—two daughters, Shelley Covel Rowland (born 1980, adopted by Keith in 1984) and Krystal "Krystal Keith" LaDawn Covel Sandubrae (born September 30, 1985; signed a contract with Show Dog-Universal in 2013), and one son (Stelen Keith Covel, born 1997). He also has four grandchildren.


title: Toby Keith

text: On March 24, 2001, Keith's father was killed in a car accident on Interstate 35. On December 25, 2007, the Covel family was awarded $2.8 million for the wrongful death of H.K. Covel. Elias and Pedro Rodriguez, operators of Rodriguez Transportes of Tulsa, and the Republic Western Insurance Co. were found liable as they failed to equip the charter bus with properly working air brakes.


title: Toby Keith

text: In June 2022, Keith announced that he had been diagnosed with stomach cancer at the end of the prior year, having undergone chemotherapy, radiation, and surgery for the past six months. In December of 2022, in a press release, Keith said that his battle with cancer is "pretty debilitating".


title: Toby Keith

text: Keith supports Ally's House, a non-profit organization in Oklahoma designed to aid children with cancer. Of the charity, Keith said:


title: Toby Keith

text: Keith filmed a PSA for Little Kids Rock, a national nonprofit that works to restore and revitalize music education in disadvantaged U.S. public schools.


title: Tab Hunter

text: Tab Hunter (born Arthur Andrew Kelm; July 11, 1931 – July 8, 2018) was an American actor, singer, film producer, and author. Known for his blond, clean-cut good looks, Hunter starred in more than forty films. He was a Hollywood heartthrob of the 1950s and 1960s appearing on the covers of hundreds of film magazines. Hunter's film credits include "Battle Cry" (1955), "The Girl He Left Behind" (1956), "Gunman's Walk" (1958), and "Damn Yankees" (1958). Hunter also had a music career in the late 1950s; in 1957, he released a number one hit single "Young Love". Hunter's 2005 autobiography, "Tab Hunter Confidential: The Making of a Movie Star", was a "New York Times" bestseller.


title: Tab Hunter

text: Arthur Andrew Kelm was born in Manhattan, New York City, the son of Gertrude () and Charles Kelm. Kelm's father was Jewish, and his mother was a Catholic German immigrant from Hamburg. He had an older brother, Walter. Kelm's father was reportedly abusive, and within a few years of his birth, his parents divorced. He was raised in California, living with his mother, his brother, and his maternal grandparents, John Henry and Ida (née Sonnenfleth) Gelien; the family resided in San Francisco, Long Beach and Los Angeles.<ref name="nyt2003/09/09"></ref> His mother re-assumed her maiden surname, Gelien, and changed her sons' surnames as well. As a teenager, Arthur Gelien (as he was then known) was a figure skater, competing in both singles and pairs. Gelien was sent to Catholic school by his religious mother.


title: Tab Hunter

text: Gelien joined the United States Coast Guard at age fifteen, lying about his age to enlist. While in the Coast Guard, he gained the nickname "Hollywood" for his penchant for watching movies rather than going to bars while on liberty. When his superiors discovered his true age, they discharged him. Gelien met actor Dick Clayton socially; Clayton suggested that he become an actor.


title: Tab Hunter

text: Dick Clayton introduced Gelien to agent Henry Willson, who specialized in representing beefcake male stars such as Robert Wagner and Rock Hudson. It was Willson who named him "Tab Hunter".


title: Tab Hunter

text: Hunter's first film role was a minor part in a film noir, "The Lawless" (1950). Hunter was a friend of character actor Paul Guilfoyle, who suggested him to director Stuart Heisler; Heisler was looking for an unknown to play the lead in "Island of Desire" (1952) opposite Linda Darnell. The film, essentially a two-hander between Hunter and Darnell, was a hit.


title: Tab Hunter

text: Hunter supported George Montgomery in "Gun Belt" (1953), a Western produced by Edward Small. Small used him again for a war film, "The Steel Lady" (1953), supporting Rod Cameron, and as the lead in an adventure tale, "Return to Treasure Island" (1954). He began acting on stage, appearing in a production of "Our Town". Hunter was then offered, and accepted, a contract at Warner Bros.


title: Tab Hunter

text: One of Hunter's first films for Warner Bros. was "The Sea Chase" (1955), supporting John Wayne and Lana Turner. It was a big hit, but Hunter's part was relatively small. Rushes were seen by William A. Wellman, who cast Hunter to play the younger brother of Robert Mitchum in "Track of the Cat" (1954). It was a solid hit and Hunter began to get more notice.


title: Tab Hunter

text: His breakthrough role came when he was cast as the young Marine Danny in 1955's World War II drama "Battle Cry", which was the year's third most financially successful film. His character has an affair with an older woman, but ends up marrying the girl next door. It was based on a bestseller by Leon Uris and became Warner Bros.' largest grossing film of that year, cementing Hunter's position as one of Hollywood's top young romantic leads.


title: Tab Hunter

text: In September 1955, the tabloid magazine "Confidential" reported that Hunter had been arrested for disorderly conduct in 1950. The innuendo-laced article, and a second one focusing on Rory Calhoun's prison record, were the result of a deal Henry Willson had brokered with the scandal rag in exchange for not revealing to the public the sexual orientation of his more prominent client, Rock Hudson. The report had no negative effect on Hunter's career. A few months later, he was named Most Promising New Personality in a nationwide poll sponsored by the Council of Motion Picture Organizations. In 1956, he received 62,000 valentines. Hunter, James Dean, and Natalie Wood were the last actors to be placed under an exclusive studio contract at Warner Bros. Warner decided to promote him to star status, teaming him with Natalie Wood in two films, a Western, "The Burning Hills" (1956), directed by Heisler, and "The Girl He Left Behind" (1956), a service comedy. These films also proved to be hits with audiences. Warners planned a third teaming of Hunter and Wood but Hunter rejected the third picture, thus ending Warners' attempt to make Hunter and Wood the William Powell and Myrna Loy of the 1950s. Hunter was Warner Bros.' most popular male star from 1955 until 1959.


title: Tab Hunter

text: Hunter received strong critical acclaim for a television performance he gave in the debut episode of "Playhouse 90" ("Forbidden Area", 1956) written by Rod Serling and directed by John Frankenheimer.


title: Tab Hunter

text: Hunter's acting career was at its peak. William Wellman used him again in a war film, "Lafayette Escadrille" (1958). Columbia Pictures borrowed him for a Western, "Gunman's Walk" (1958). Hunter claimed, "When Gunman's Walk premiered the following summer, it was one of the proudest moments of my career." Hunter starred in the musical film "Damn Yankees" (1958), in which he played Joe Hardy of Washington, D.C.'s American League baseball club. The film had originally been a Broadway musical, but Hunter was the only one in the film version who had not appeared in the original cast. The show was based on the best-selling 1954 book "The Year the Yankees Lost the Pennant" by Douglass Wallop. Hunter later said the filming was hellish because director George Abbott was interested only in recreating the stage version word for word. He also starred in "They Came to Cordura" (1959) (with Gary Cooper and Rita Hayworth) and "That Kind of Woman" (1959) (with Sophia Loren).


title: Tab Hunter

text: Hunter had a 1957 hit record with the song "Young Love," which was No. 1 on the "Billboard" Hot 100 chart for six weeks (seven weeks on the UK Chart), and became one of the larger hits of the Rock 'n' Roll era. It sold more than two million copies, and was awarded a gold disc by the RIAA.


title: Tab Hunter

text: Hunter had another hit single, "Ninety-Nine Ways", which peaked at No. 11 in the United States and No. 5 in the United Kingdom. His success prompted Jack L. Warner to enforce the actor's contract with the Warner Bros. studio by banning Dot Records, the label for which Hunter had recorded the single (and which was owned by rival Paramount Pictures), from releasing a follow-up album he had recorded for them. He established Warner Bros. Records specifically for Hunter.


title: Tab Hunter

text: Hunter's failure to win the role of Tony in the film adaptation of "West Side Story" (1961) prompted him to agree to star in a weekly television sitcom. "The Tab Hunter Show" had moderate ratings (due to being scheduled opposite "The Ed Sullivan Show") and lasted for one season (1960–61) of 32 episodes. It was a hit in the United Kingdom, where it ranked as one of the most watched situation comedies of the year. Hunter's costars in the series included Richard Erdman, Jerome Cowan, and Reta Shaw.


title: Tab Hunter

text: Hunter had a starring role as Debbie Reynolds' love interest in "The Pleasure of His Company" (1961). He played the lead in a swashbuckler shot in Egypt, "The Golden Arrow" (1962) and was in a war movie for American International Pictures, "Operation Bikini" (1963).


title: Tab Hunter

text: In 1964, he starred on Broadway opposite Tallulah Bankhead in Tennessee Williams' "The Milk Train Doesn't Stop Here Anymore".


title: Tab Hunter

text: "Ride the Wild Surf" (1964) was a surf film for Columbia, followed by a movie in Britain, "Troubled Waters" (1964). He stayed in England to make another picture for AIP, "War Gods of the Deep" (1965). Back in Hollywood he had a supporting role in "The Loved One" (1965) and "Birds Do It" (1966). He made a film with Richard Rush, "The Fickle Finger of Fate" (1967).


title: Tab Hunter

text: For a short time in the late 1960s, after several seasons of starring in summer stock and dinner theater in shows such as "Bye Bye Birdie", "The Tender Trap", "Under the Yum Yum Tree", and "West Side Story" with some of the New York cast, Hunter settled in the south of France and acted in many Italian films including "Vengeance Is My Forgiveness" (1968), "The Last Chance" (1968), and "Bridge over the Elbe" (1969).


title: Tab Hunter

text: Hunter had the lead role in "Sweet Kill" (1973), the first movie from director Curtis Hanson. He won a co-starring role in the successful film "The Life and Times of Judge Roy Bean" (1972) with Paul Newman. He had small roles in "Won Ton Ton, the Dog Who Saved Hollywood" (1976) and "" (1978). In 1977 he played George Shumway, the father of Mary Hartman (played by Louise Lasser) on "Forever Fernwood", a spinoff of the soap-like sitcom "Mary Hartman, Mary Hartman".


title: Tab Hunter

text: Hunter's career was revived in the 1980s, when he starred opposite actor Divine in John Waters' "Polyester" (1981) and Paul Bartel's "Lust in the Dust" (1985). He played Mr. Stuart, the substitute teacher in "Grease 2" (1982), who sang "Reproduction". Hunter had a major role in the 1988 horror film "Cameron's Closet".


title: Tab Hunter

text: Hunter's last film role came in the horse-themed family film "Dark Horse" (1992). Hunter, a longstanding horse owner, wrote the original story and co-produced the film with his life partner, Allan Glaser.


title: Tab Hunter

text: Hunter's autobiography, "Tab Hunter Confidential: The Making of a Movie Star" (2005), co-written with Eddie Muller, became a "New York Times" bestseller, as did the paperback edition in 2007. In his memoir, Hunter officially came out as gay, confirming rumors that had circulated since the height of his fame. The book was nominated for several awards. It entered the "New York Times" bestseller list for a third time on June 28, 2015, upon the release of "Tab Hunter Confidential", an award-winning documentary based upon the memoir. The documentary was directed by Jeffrey Schwarz and produced by Allan Glaser. As of June 2018, a feature film about Hunter to be produced by Glaser, J. J. Abrams and Zachary Quinto was in development at Paramount Pictures. Pulitzer Prize- and Tony Award-winning writer Doug Wright is attached to create the screenplay.


title: Tab Hunter

text: Hunter has a star for his contributions to the music industry on the Hollywood Walk of Fame at 6320 Hollywood Blvd. In 2007, the Palm Springs Walk of Stars dedicated a Golden Palm Star to him.


title: Tab Hunter

text: Hunter came out publicly as a gay man in his 2005 memoir. According to William L. Hamilton of "The New York Times", detailed reports about Hunter's alleged romances with close friends Debbie Reynolds and Natalie Wood during his young adult years had strictly been the fodder of studio publicity departments. As Wood and Hunter embarked on a well-publicized but fictitious romance, insiders had developed their own headline for the item: "Natalie Wood and Tab Wouldn't". Regarding Hollywood's studio era, Hunter said, "[life] was difficult for me, because I was living two lives at that time. A private life of my own, which I never discussed, never talked about to anyone. And then my Hollywood life, which was just trying to learn my craft and succeed..." The star emphasized that the word gay' ... wasn't even around in those days, and if anyone ever confronted me with it, I'd just kinda freak out. I was in total denial. I was just not comfortable in that Hollywood scene, other than the work process." "There was a lot written about my sexuality, and the press was pretty darn cruel," the actor said, but what "moviegoers wanted to hold in their hearts were the boy-next-door marines, cowboys, and swoon-bait sweethearts I portrayed."


title: Tab Hunter

text: Hunter had a long-term relationship with actor Anthony Perkins after having met him at the Chateau Marmont during the filming of "Friendly Persuasion" in 1956. Their relationship spanned two to four years, and Hunter has said that they only broke up because of Perkins's movie studio, Paramount, and the studio system. However, he remembered Perkins as a "special part of my journey. He wanted to be a movie star more than anything. I wanted that too, but not with the same kind of drive he had. We were such opposites - but then maybe that was the attraction." He also had a relationship with champion figure skater Ronnie Robertson before settling down and marrying his partner/spouse of more than 35 years, film producer Allan Glaser.


title: Tab Hunter

text: Hunter was raised in his mother's Catholic faith. Except for a period in his youth, Hunter was a practicing Catholic for the rest of his life. When asked about his Jewish identity, due to his father and partner/spouse being Jewish, Hunter stated that he did not identify as Jewish. Hunter was an avid horse owner.


title: Tab Hunter

text: Hunter's brother Walter Gelien, who was killed in Vietnam on October 28, 1965, was survived by his wife and seven children.


title: Tab Hunter

text: On July 8, 2018, three days shy of his 87th birthday, Hunter died after suffering cardiac arrest that arose from complications related to deep vein thrombosis. According to his husband Allan Glaser, Hunter's death was "sudden and unexpected."


title: Fifth Amendment to the United States Constitution

text: The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment.


text: One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a colloquial term often used to invoke the self-incrimination clause when witnesses decline to answer questions where the answers might incriminate them. In the 1966 case of "Miranda v. Arizona", the Supreme Court held that the self-incrimination clause requires the police to issue a "Miranda" warning to criminal suspects interrogated while under police custody. The Fifth Amendment also contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation".


text: Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law". The Fifth Amendment's due process clause applies to the federal government, while the Fourteenth Amendment's due process clause applies to state governments. The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference. The Supreme Court has also held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to the Fourteenth Amendment's Equal Protection Clause.


text: On June 8, 1789, Congressman James Madison introduced several proposed constitutional amendments during a speech to the House of Representatives. His draft language that later became the Fifth Amendment was as follows:


text: No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without just compensation...[E]xcept in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger... in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary...


text: This draft was edited by Congress; all the material before the first ellipsis was placed at the end, and some of the wording was modified. After approval by Congress, the amendment was ratified by the states on December 15, 1791 as part of the Bill of Rights. Every one of the five clauses in the final amendment appeared in Madison's draft, and in their final order those clauses are the Grand Jury Clause (which Madison had placed last), the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, and then the Takings Clause.


text: The grand jury is a pre-constitutional common law institution, and a constitutional fixture in its own right exclusively embracing common law. The process applies to the states to the extent that the states have incorporated grand juries and/or common law. Most states have an alternative civil process. "Although state systems of criminal procedure differ greatly among themselves, the grand jury is similarly guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming [p688] majority of the States." Branzburg v. Hayes (No. 70-85) 1972. Grand juries, which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings; they are given specific instructions regarding the law by the judge. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings. For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court. Also, an individual does not have the right to have an attorney present in the grand jury room during hearings. An individual would have such a right during questioning by the police while in custody, but an individual testifying before a grand jury is free to leave the grand jury room to consult with his attorney outside the room before returning to answer a question.


text: Currently, federal law permits the trial of misdemeanors without indictments. Additionally, in trials of non-capital felonies, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.


text: Grand jury indictments may be amended by the prosecution only in limited circumstances. In "Ex Parte Bain", , the Supreme Court held that the indictment could not be changed at all by the prosecution. "United States v. Miller", partly reversed "Ex parte Bain"; now, an indictment's scope may be narrowed by the prosecution. Thus, lesser included charges may be dropped, but new charges may not be added.


text: The Grand Jury Clause of the Fifth Amendment does not protect those serving in the armed forces, whether during wartime or peacetime. Members of the state militia called up to serve with federal forces are not protected under the clause either. In "O'Callahan v. Parker", , the Supreme Court held that only charges relating to service may be brought against members of the militia without indictments. As a decision, O'Callahan, however, lived for a limited duration and was more a reflection of Justice William O. Douglas's distrust of presidential power and anger at the Vietnam Conflict. O'Callahan was overturned in 1987, when the Court held that members of the militia in actual service may be tried for any offense without indictments.


text: The grand jury indictment clause of the Fifth Amendment has not been incorporated under the Fourteenth Amendment. This means the grand jury requirement applies only to felony charges in the federal court system. While many states "do" employ grand juries, no defendant has a Fifth Amendment right to a grand jury for criminal charges in state court. States are free to abolish grand juries, and many (though not all) have replaced them with preliminary hearing.


text: Whether a crime is "infamous", for purposes of the Grand Jury Clause, is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed; however, crimes punishable by death must be tried upon indictments. The historical origin of "infamous crime" comes from the "infamia", a punishment under Roman law by which a citizen was deprived of his citizenship. In "United States v. Moreland", , the Supreme Court held that incarceration in a prison or penitentiary, as opposed to a correction or reformation house, attaches infamy to a crime. In "", , the Supreme Court judged that "'Infamous crimes' are thus, in the most explicit words, defined to be those 'punishable by imprisonment in the penitentiary'", while it later in "" stated that "imprisonment in a penitentiary can be imposed only if a crime is subject to imprisonment exceeding one year." Therefore, an infamous crime is one that is punished by imprisonment for over one year. Susan Brown, a former defense attorney and Professor of Law at the University of Dayton School of Law, concluded: "Since this is essentially the definition of a felony, infamous crimes translate as felonies."


text: The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in the same indictment. Jeopardy applies when the jury is empaneled in a jury trial, when the first witness is sworn in during a bench trial, or when a plea is rendered.


text: The government is not permitted to appeal or try again after the entry of an acquittal, whether a directed verdict before the case is submitted to the jury, a directed verdict after a deadlocked jury, an appellate reversal for sufficiency (except by direct appeal to a higher appellate court), or an "implied acquittal" via conviction of a lesser included offense. In addition, the government is barred by collateral estoppel from re-litigating against the same defense, a fact necessarily found by the jury in a prior acquittal, even if the jury hung on other counts.


text: This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or a directed verdict after a jury conviction, nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute. Nor does it prevent the government from retrying the defendant after an appellate reversal other than for sufficiency, including habeas, or "thirteenth juror" appellate reversals notwithstanding sufficiency on the principle that jeopardy has not "terminated". There is also an exception for judicial bribery in a bench trial.


text: In "Blockburger v. United States" (1932), the Supreme Court announced the following test: the government may separately try to punish the defendant for two crimes if each crime contains an element that the other does not. "Blockburger" is the default rule, unless the legislature intends to depart; for example, Continuing Criminal Enterprise (CCE) may be punished separately from its predicates, as can conspiracy.


text: The "Blockburger" test, originally developed in the multiple punishments context, is also the test for prosecution after conviction. In "Grady v. Corbin" (1990), the Court held that a double jeopardy violation could lie even where the "Blockburger" test was satisfied, but "Grady" was overruled in "United States v. Dixon" (1993).


text: The rule for mistrials depends upon who sought the mistrial. If the defendant moves for a mistrial, there is no bar to retrial, unless the prosecutor acted in "bad faith", i.e., goaded the defendant into moving for a mistrial because the government specifically wanted a mistrial. If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial. The same standard governs mistrials granted "sua sponte".


text: In Heath v. Alabama (1985), the Supreme Court held, that the Fifth Amendment rule against double jeopardy does not prohibit two different states from separately prosecuting and convicting the same individual for the same illegal act.


text: The Fifth Amendment protects individuals from being forced to incriminate themselves. Incriminating oneself is defined as exposing oneself (or another person) to "an accusation or charge of crime", or as involving oneself (or another person) "in a criminal prosecution or the danger thereof". The "privilege" against compelled self-incrimination is defined as "the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself". To "plead the Fifth" is to refuse to answer any question because "the implications of the question, in the setting in which it is asked" lead a claimant to possess a "reasonable cause to apprehend danger from a direct answer", believing that "a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result."


text: Historically, the legal protection against compelled self-incrimination was directly related to the question of torture for extracting information and confessions.


text: The legal shift away from widespread use of torture and forced confession dates to the turmoil of the late 16th and early 17th century in England.


text: The Supreme Court of the United States has held that "a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances."


text: However, Professor James Duane of the Regent University School of Law argues that the Supreme Court, in a 5–4 decision in "Salinas v. Texas", significantly weakened the privilege, saying "our choice to use the Fifth Amendment privilege can be used against you at trial depending exactly how and where you do it."


text: In the "Salinas" case, justices Alito, Roberts, and Kennedy held that "the Fifth Amendment's privilege against self-incrimination does not extend to defendants who simply decide to remain mute during questioning. Long-standing judicial precedent has held that any witness who desires protection against self-incrimination must explicitly claim that protection."


text: Justice Thomas, siding with Alito, Roberts and Kennedy, in a separate opinion, held that, "Salinas' Fifth Amendment privilege would not have been applicable even if invoked because the prosecutor's testimony regarding his silence did not compel Salinas to give self-incriminating testimony." Justice Antonin Scalia joined Thomas' opinion.


text: The Fifth Amendment privilege against compulsory self-incrimination applies when an individual is called to testify in a legal proceeding. The Supreme Court ruled that the privilege applies whether the witness is in a federal court or, under the incorporation doctrine of the Fourteenth Amendment, in a state court, and whether the proceeding itself is criminal or civil.


text: The right to remain silent was asserted at grand jury or congressional hearings in the 1950s, when witnesses testifying before the House Committee on Un-American Activities or the Senate Internal Security Subcommittee claimed the right in response to questions concerning their alleged membership in the Communist Party. Under the Red Scare hysteria at the time of McCarthyism, witnesses who refused to answer the questions were accused as "fifth amendment communists". They lost jobs or positions in unions and other political organizations, and suffered other repercussions after "taking the Fifth".


text: Senator Joseph McCarthy (R-WI) asked, "Are you now, or have you ever been, a member of the Communist Party?" while he was chairman of the Senate Government Operations Committee Permanent Subcommittee on Investigations. Admitting to a previous Communist Party membership was not sufficient. Witnesses were also required to "name names", i.e. implicate others they knew to be Communists or who had been Communists in the past. Academy Award winning director Elia Kazan testified before the House Committee on Un-American Activities that he had belonged to the Communist Party briefly in his youth. He also "named names", which incurred enmity of many in Hollywood. Other entertainers such as Zero Mostel found themselves on a Hollywood blacklist after taking the Fifth, and were unable to find work for a while in show business. Pleading the Fifth in response to such questions was held inapplicable, since being a Communist itself was not a crime.


text: The amendment has also been used by defendants and witnesses in criminal cases involving the American Mafia.


text: The privilege against self-incrimination does not protect an individual from being suspended from membership in a non-governmental, self-regulatory organization (SRO), such as the New York Stock Exchange (NYSE), where the individual refuses to answer questions posed by the SRO. An SRO itself is not a court of law, and cannot send a person to jail. SROs, such as the NYSE and the National Association of Securities Dealers (NASD), are generally not considered to be state actors. See "United States v. Solomon", "D. L. Cromwell Invs., Inc. v. NASD Regulation, Inc.", and "Marchiano v. NASD". SROs also lack subpoena powers. They rely heavily on requiring testimony from individuals by wielding the threat of loss of membership or a bar from the industry (permanent, if decided by the NASD) when the individual asserts his Fifth Amendment privilege against compelled self-incrimination. If a person chooses to provide statements in testimony to the SRO, the SRO may provide information about those statements to law enforcement agencies, who may then use the statements in a prosecution of the individual.


text: The Fifth Amendment limits the use of evidence obtained illegally by law enforcement officers. Originally, at common law, even a confession obtained by torture was admissible. However, by the eighteenth century, common law in England provided that coerced confessions were inadmissible. The common law rule was incorporated into American law by the courts. The Supreme Court has repeatedly overruled convictions based on such confessions, in cases such as "Brown v. Mississippi", .


text: Law enforcement responded by switching to more subtle techniques, but the courts held that such techniques, even if they do not involve physical torture, may render a confession involuntary and inadmissible. In "Chambers v. Florida" (1940) the Court held a confession obtained after five days of prolonged questioning, during which time the defendant was held incommunicado, to be coerced. In "Ashcraft v. Tennessee" (1944), the suspect had been interrogated continuously for thirty-six hours under electric lights. In "Haynes v. Washington", the Court held that an "unfair and inherently coercive context" including a prolonged interrogation rendered a confession inadmissible.


text: "Miranda v. Arizona" (1966) was a landmark case involving confessions. Ernesto Miranda had signed a statement confessing to the crime, but the Supreme Court held that the confession was inadmissible because the defendant had not been advised of his rights. The Court held "the prosecution may not use statements ... stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." Custodial interrogation is initiated by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of movement before being questioned as to the specifics of the crime. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Before any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.


text: The warning Chief Justice Earl Warren referred to is now called the Miranda warning, and it is customarily delivered by the police to an individual before questioning. "Miranda" has been clarified by several further Supreme Court rulings. For the warning to be necessary, the questioning must be conducted under "custodial" circumstances. A person detained in jail or under arrest is, of course, deemed to be in police custody. Alternatively, a person who is under the "reasonable belief" that he may not freely leave from the restraint of law enforcement is also deemed to be in "custody". That determination of "reasonableness" is based on a totality of the objective circumstances. A mere presence at a police station may not be sufficient, but neither is such a presence required. Traffic stops are not deemed custodial. The Court has ruled that age can be an objective factor. In "Yarborough v. Alvarado" (2004), the Court held that "a state-court decision that failed to mention a 17-year-old's age as part of the Miranda custody analysis was not objectively unreasonable". In her concurring opinion Justice O'Connor wrote that a suspect's age may indeed "be relevant to the 'custody' inquiry"; the Court did not find it relevant in the specific case of "Alvarado". The Court affirmed that age could be a relevant and objective factor in "J.D.B. v. North Carolina" where they ruled that "so long as the child's age was known to the officer at the time of police questioning, or would have been objectively apparent to a reasonable officer, its inclusion in the custody analysis is consistent with the objective nature of that test".


text: The questioning does not have to be explicit to trigger Miranda rights. For example, two police officers engaging in a conversation designed to elicit an incriminating statement from a suspect would constitute questioning. A person may choose to waive his Miranda rights, but the prosecution has the burden of showing that such a waiver was actually made.


text: A confession not preceded by a Miranda warning where one was necessary cannot be admitted as evidence against the confessing party in a judicial proceeding. The Supreme Court, however, has held that if a defendant voluntarily testifies at the trial that he did not commit the crime, his confession may be introduced to challenge his credibility, to "impeach" the witness, even if it had been obtained without the warning.


text: In "Hiibel v. Sixth Judicial District Court of Nevada" (2004), the Supreme Court ruled 5–4 that being required to identify oneself to police under states' stop and identify statutes is not an unreasonable search or seizure, and is not necessarily self-incrimination.


text: In June 2010, the Supreme Court ruled in "Berghuis v. Thompkins" that a criminal suspect must now invoke the right to remain silent unambiguously. Unless and until the suspect actually states that he is relying on that right, police may continue to interact with (or question) him, and any voluntary statement he makes can be used in court. The mere act of remaining silent is, on its own, insufficient to imply the suspect has invoked those rights. Furthermore, a voluntary reply, even after lengthy silence, can be construed as implying a waiver. The new rule will defer to police in cases where the suspect fails to assert the right to remain silent. This standard was extended in "Salinas v. Texas" in 2013 to cases where individuals not in custody who volunteer to answer officers' questions and who are not told their Miranda rights. The Court stated that there was no "ritualistic formula" necessary to assert this right, but that a person could not do so "by simply standing mute".


text: Under the Act of Production Doctrine, the act of an individual in producing documents or materials (e.g., in response to a subpoena) may have a "testimonial aspect" for purposes of the individual's right to assert the Fifth Amendment right against self-incrimination to the extent that the individual's act of production provides information not already in the hands of law enforcement personnel about the (1) existence; (2) custody; or (3) authenticity, of the documents or materials produced. See "United States v. Hubbell". In "Boyd v. United States", the U.S. Supreme Court stated that "It is equivalent to a compulsory production of papers to make the nonproduction of them a confession of the allegations which it is pretended they will prove".


text: Corporations may also be compelled to maintain and turn over records; the Supreme Court has held that the Fifth Amendment protections against self-incrimination extend only to "natural persons". The Court has also held that a corporation's custodian of records can be forced to produce corporate documents "even" if the act of production would incriminate him personally. The only limitation on this rule is that the jury cannot be told that the custodian personally produced those documents in any subsequent prosecution of him, but the jury is still allowed to draw adverse inferences from the content of the documents combined with the position of the custodian in the corporation.


text: In "Griffin v. California" (1965), the Supreme Court ruled that a prosecutor may not ask the jury to draw an inference of guilt from a defendant's refusal to testify in his own defense. The Court overturned as unconstitutional under the federal constitution a provision of the California state constitution that explicitly granted such power to prosecutors.


text: While defendants are entitled to assert the right against compelled self-incrimination in a civil court case, there are consequences to the assertion of the right in such an action.


text: The Supreme Court has held that "the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them." "Baxter v. Palmigiano", "[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the "Tod" case, 'Silence is often evidence of the most persuasive character.'" "'Failure to contest an assertion ... is considered evidence of acquiescence ... if it would have been natural under the circumstances to object to the assertion in question.'"


text: In "Baxter", the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of the Fifth Amendment right.


text: Some civil cases are considered "criminal cases" for the purposes of the Fifth Amendment. In "Boyd v. United States", the U.S. Supreme Court stated that "A proceeding to forfeit a person's goods for an offence against the laws, though civil in form, and whether in rem or in personam, is a "criminal case" within the meaning of that part of the Fifth Amendment which declares that no person "shall be compelled, in any criminal case, to be a witness against himself."


text: In "United States v. Lileikis", the court ruled that Aleksandras Lileikis was not entitled to Fifth Amendment protections in a civil denaturalization case even though he faced criminal prosecution in Lithuania, the country that he would be deported to if denaturalized.


text: In some cases, individuals may be legally required to file reports that call for information that may be used against them in criminal cases. In "United States v. Sullivan", the United States Supreme Court ruled that a taxpayer could not invoke the Fifth Amendment's protections as the basis for refusing to file a required federal income tax return. The Court stated: "If the form of return provided called for answers that the defendant was protected from making[,] he could have raised the objection in the return, but could not on that account refuse to make any return at all. We are not called on to decide what, if anything, he might have withheld."


text: In "Garner v. United States", the defendant was convicted of crimes involving a conspiracy to "fix" sporting contests and to transmit illegal bets. During the trial the prosecutor introduced, as evidence, the taxpayer's federal income tax returns for various years. In one return the taxpayer had showed his occupation to be "professional gambler". In various returns the taxpayer had reported income from "gambling" or "wagering". The prosecution used this to help contradict the taxpayer's argument that his involvement was innocent. The taxpayer tried unsuccessfully to keep the prosecutor from introducing the tax returns as evidence, arguing that since the taxpayer was legally required to report the illegal income on the returns, he was being compelled to be a witness against himself. The Supreme Court agreed that he was legally required to report the illegal income on the returns, but ruled that the right against self-incrimination still did not apply. The Court stated that "if a witness under compulsion to testify makes disclosures instead of claiming the right, the Government has not 'compelled' him to incriminate himself."


text: "Sullivan" and "Garner" are viewed as standing, in tandem, for the proposition that on a required federal income tax return a taxpayer would probably have to report the amount of the illegal income, but might validly claim the right by labeling the item "Fifth Amendment" (instead of "illegal gambling income", "illegal drug sales", etc.) The United States Court of Appeals for the Eleventh Circuit has stated: "Although the source of income might be privileged, the amount must be reported." The U.S. Court of Appeals for the Fifth Circuit has stated: "...the "amount" of a taxpayer's income is not privileged even though the "source" of income may be, and Fifth Amendment rights can be exercised in compliance with the tax laws 'by simply listing his alleged ill-gotten gains in the space provided for "miscellaneous" income on his tax form'." In another case, the Court of Appeals for the Fifth Circuit stated: "While the "source" of some of [the defendant] Johnson's income may have been privileged, assuming that the jury believed his uncorroborated testimony that he had illegal dealings in gold in 1970 and 1971, the "amount" of his income was not privileged and he was required to pay taxes on it." In 1979, the U.S. Court of Appeals for the Tenth Circuit stated: "A careful reading of "Sullivan" and "Garner", therefore, is that the self-incrimination privilege can be employed to protect the taxpayer from revealing the information as to an illegal source of income, but does not protect him from disclosing the amount of his income."


text: If the government gives an individual immunity, then that individual may be compelled to testify. Immunity may be "transactional immunity" or "use immunity"; in the former, the witness is immune from prosecution for offenses related to the testimony; in the latter, the witness may be prosecuted, but his testimony may not be used against him. In "Kastigar v. United States", the Supreme Court held that the government need only grant use immunity to compel testimony. The use immunity, however, must extend not only to the testimony made by the witness, but also to all evidence derived therefrom. This scenario most commonly arises in cases related to organized crime.


text: A statutorily required record-keeping system may go too far such that it implicates a record-keeper's right against self-incrimination. A three part test laid out by "Albertson v. Subversive Activities Control Board", is used to determine this: 1. the law targets a highly selective group inherently suspect of criminal activities; 2. the activities sought to be regulated are already permeated with criminal statutes as opposed to essentially being non-criminal and largely regulatory; and 3. the disclosure compelled creates a likelihood of prosecution and is used against the record-keeper. In this case, the Supreme Court struck down an order by the Subversive Activities Control Board requiring members of the Communist Party to register with the government and upheld an assertion of the privilege against self-incrimination, on the grounds that statute under which the order had been issued was "directed at a highly selective group inherently suspect of criminal activities."


text: In "Leary v. United States", the court struck down the Marijuana Tax Act because its record keeping statute required self-incrimination.


text: In "Haynes v. United States", the Supreme Court ruled that, because convicted felons are prohibited from owning firearms, requiring felons to register any firearms they owned constituted a form of self-incrimination and was therefore unconstitutional.


text: While no such case has yet arisen, the Supreme Court has indicated that a respondent cannot be compelled to turn over "the contents of his own mind", e.g. the password to a bank account (doing so would prove his control of it).


text: Lower courts have given conflicting decisions on whether forced disclosure of computer passwords is a violation of the Fifth Amendment.


text: In "In re Boucher" (2009), the US District Court of Vermont ruled that the Fifth Amendment might protect a defendant from having to reveal an encryption password, or even the existence of one, if the production of that password could be deemed a self-incriminating "act" under the Fifth Amendment. In "Boucher", production of the unencrypted drive was deemed not to be a self-incriminating act, as the government already had sufficient evidence to tie the encrypted data to the defendant.


text: In January 2012 a federal judge in Denver ruled that a bank-fraud suspect was required to give an unencrypted copy of a laptop hard drive to prosecutors. However, in February 2012 the Eleventh Circuit ruled otherwise—finding that requiring a defendant to produce an encrypted drive's password would violate the Constitution, becoming the first federal circuit court to rule on the issue. In April 2013, a District Court magistrate judge in Wisconsin refused to compel a suspect to provide the encryption password to his hard drive after FBI agents had unsuccessfully spent months trying to decrypt the data. The Oregon Supreme Court ruled that unlocking a phone with a passcode is testimonial under Article I, section 12 of the state constitution, thus compelling it would be unconstitutional. Its ruling implied, however, that unlocking via biometrics may be allowed.


text: As a condition of employment, workers may be required to answer their employer's narrowly defined questions regarding conduct on the job. If an employee invokes the Garrity rule (sometimes called the Garrity Warning or Garrity Rights) before answering the questions, then the answers cannot be used in criminal prosecution of the employee. This principle was developed in "Garrity v. New Jersey", 385 U.S. 493 (1967). The rule is most commonly applied to public employees such as police officers.


text: The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has interpreted the due process clauses to provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.


text: The "Takings Clause", the last clause of the Fifth Amendment, limits the power of eminent domain by requiring "just compensation" be paid if private property is taken for public use. This provision of the Fifth Amendment originally applied only to the federal government, but the U.S. Supreme Court ruled in the 1897 case "Chicago, B. & Q. Railroad Co. v. Chicago" that the Fourteenth Amendment incidentally extended the effects of that provision to the states. The federal courts, however, have shown much deference to the determinations of Congress, and even more so to the determinations of the state legislatures, of what constitutes "public use". The property need not actually be used by the public; rather, it must be used or disposed of in such a manner as to benefit the public welfare or public interest. One exception that restrains the federal government is that the property must be used in exercise of a government's enumerated powers.


text: The owner of the property that is taken by the government must be justly compensated. When determining the amount that must be paid, the government does not need to take into account any speculative schemes in which the owner claims the property was intended to be used. Normally, the fair market value of the property determines "just compensation". If the property is taken before the payment is made, interest accrues (though the courts have refrained from using the term "interest").


text: Property under the Fifth Amendment includes contractual rights stemming from contracts between the United States, a U.S. state or any of its subdivisions and the other contract partner(s), because contractual rights are property rights for purposes of the Fifth Amendment. The United States Supreme Court held in "Lynch v. United States", 292 U.S. 571 (1934) that valid contracts of the United States are property, and the rights of private individuals arising out of them are protected by the Fifth Amendment. The court said: "The Fifth Amendment commands that property be not taken without making just compensation. Valid contracts are property, whether the obligor be a private individual, a municipality, a state, or the United States. Rights against the United States arising out of a contract with it are protected by the Fifth Amendment. "United States v. Central Pacific R. Co.", 118 U. S. 235, 238; "United States v. Northern Pacific Ry. Co.", 256 U. S. 51, 64, 67. When the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals".""


text: The federal courts have not restrained state and local governments from seizing privately owned land for private commercial development on behalf of private developers. This was upheld on June 23, 2005, when the Supreme Court issued its opinion in "Kelo v. City of New London". This 5–4 decision remains controversial. The majority opinion, by Justice Stevens, found that it was appropriate to defer to the city's decision that the development plan had a public purpose, saying that "the city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." Justice Kennedy's concurring opinion observed that in this particular case the development plan was not "of primary benefit to ... the developer" and that if that was the case the plan might have been impermissible. In the dissent, Justice Sandra Day O'Connor argued that this decision would allow the rich to benefit at the expense of the poor, asserting that "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms." She argued that the decision eliminates "any distinction between private and public use of property—and thereby effectively delete[s] the words 'for public use' from the Takings Clause of the Fifth Amendment". A number of states, in response to "Kelo", have passed laws and/or state constitutional amendments which make it more difficult for state governments to seize private land. Takings that are not "for public use" are not directly covered by the doctrine, however such a taking might violate due process rights under the Fourteenth amendment, or other applicable law.


text: The exercise of the police power of the state resulting in a taking of private property was long held to be an exception to the requirement of government paying just compensation. However the growing trend under the various state constitution's taking clauses is to compensate innocent third parties whose property was destroyed or "taken" as a result of police action.


text: The last two words of the amendment promise "just compensation" for takings by the government. In "United States v. 50 Acres of Land" (1984), the Supreme Court wrote that "The Court has repeatedly held that just compensation normally is to be measured by "the market value of the property at the time of the taking contemporaneously paid in money." "Olson v. United States", 292 U.S. 246 (1934)  ... Deviation from this measure of just compensation has been required only "when market value has been too difficult to find, or when its application would result in manifest injustice to owner or public". "United States v. Commodities Trading Corp.", 339 U.S. 121, 123 (1950).


text: Civil asset forfeiture or occasionally civil seizure, is a controversial legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and "property" such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity. Sometimes it can mean a threat to seize property as well as the act of seizure itself.


text: In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the "thing itself", sometimes referred to by the Latin term "in rem", meaning "against the property"; the property itself is the defendant and no criminal charge against the owner is needed. If property is seized in a civil forfeiture, it is "up to the owner to prove that his cash is clean" and the court can weigh a defendant's use of their 5th amendment right to remain silent in their decision. In civil forfeiture, the test in most cases is whether police feel there is a preponderance of the evidence suggesting wrongdoing; in criminal forfeiture, the test is whether police feel the evidence is beyond a reasonable doubt, which is a tougher test to meet. In contrast, criminal forfeiture is a legal action brought as "part of the criminal prosecution of a defendant", described by the Latin term "in personam", meaning "against the person", and happens when government indicts or charges the property which is either used in connection with a crime, or derived from a crime, that is suspected of being committed by the defendant; the seized assets are temporarily held and become government property officially "after" an accused person has been convicted by a court of law; if the person is found to be not guilty, the seized property must be returned.