Even if they can’t prove it, they can make your life really miserable for quite a while.
I'm imagining a duress code that erases select files and any indication that there was ever a duress code set up in the first place.
Setting aside the now-regular attacks by the state on traditional 1st amendment rights (demonstrating, journalism, criticizing the government):
Authoritarianism's disregard for the 1st amendment doesn't stop just because one potential legal technical interpretation maybe says they should.