To say "you weren't compelled to lie about X because you weren't compelled to say X in the first place" is unreasonable. It involves two actions taken by parties with opposing intentions. The latter party is exclusively responsible for the consequence of the latter action. A similar line of logic would be "you weren't compelled to give me your wallet because you weren't compelled to carry one in the first place".
That being as it is, the distinction is between compelling someone to nondisclosure and compelling someone to active deception. I imagine that's a tough battle in court, particularly if it's part of a service agreement between a company and its customers. Compelling continued publication of the canary would extend well beyond 'gagging' the company and would force it to commit what is essentially contract fraud.
That being as it is, the distinction is between compelling someone to nondisclosure and compelling someone to active deception. I imagine that's a tough battle in court, particularly if it's part of a service agreement between a company and its customers. Compelling continued publication of the canary would extend well beyond 'gagging' the company and would force it to commit what is essentially contract fraud.