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Both the paralyzed and stunned conditions state that the victim cannot move nor take actions or reactions, but they don't prevent breathing.

An Eagle Whistle does not require an action to use, only to blow in it.

Therefore, would a creature already using an Eagle Whistle still retain its benefits after getting paralyzed or stunned ?

This makes the difference between a flying Whistle user staying aloft or falling to the ground.

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I'd say no

I would say there's an implicit action here. Assuming that the Eagle Whistle can be used with a free object interaction rather than a formal Action, I'd say this is a free use of the "Use an Object" Action (listed under the possible actions, PHB pg. 193). You could reason that someone who is unable to take Actions and Reactions would also be unable to use the free object interaction, as it resembles the "Use an Object" Action.

Also, from a flavour point of view, the effort required to blow into a whistle goes against what the Paralyzed or Stunned conditions are trying to represent, so even without talking about Actions and Object Interactions, I doubt any DM would allow this as it goes against the spirit of what those conditions mean.

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A Creature can possibly still use the Eagle Whistle, but it would depend on DM fiat with regard to realism

If a creature's breathing is unimpeded by the Paralysis and Stunned conditions, then they are still capable of performing the movements necessary to fulfill Eagle Whistle's requirements, at least per RAW.

But there are a number of contingent circumstances that could change things:

  • A paralyzed creature (probably) can't move their arms. So if the Eagle Whistle isn't already in their mouth when they get paralyzed, they wouldn't be able to use it.
    • Your specific scenario, a user who is already using the whistle, is probably fine for the user, since they probably already have the whistle in their mouth
  • A paralyzed creature might still be able to breathe, but they might not be able to keep their mouth muscles contracted in the manner necessary to keep the whistle in their mouth. It might fall out or get jostled from their mouth if someone attacks them.
  • Normal breathing might not be an issue for a paralyzed creature, but that doesn't necessarily imply that they're still capable of performing the diaphragmatic motions necessary to blow a whistle
    • One could argue a character with a high Strength/Constitution score might be able to push past this specific issue, pending a successful saving throw

As DM, my ruling would depend on considering all those factors in aggregate, combined with the specific circumstances the character was facing. As an example, if causing a player to fall would instantly kill them, I'd consider being more permissive and allow the interaction to work, at least for a short duration.

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  • \$\begingroup\$ I've rolled back that header trim. Some significant clarity was in it. ("Possibly" to what?) The header is fine as is, and clarity is the most desirable trait from writing anyway. \$\endgroup\$ – doppelgreener Jun 29 '18 at 21:33
  • \$\begingroup\$ Fair enough. The "possibly" part seemed clear enough to me given that the question is clearly stated in both the title and body of the question. \$\endgroup\$ – V2Blast Jun 29 '18 at 21:54

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