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Enforcing Silence

Napolitano, Andrew
http://consortiumnews.com/2025/06/09/enforcing-silence/

Publisher:  Consortium News
Date Written:  09/06/2025
Year Published:  2025  
Resource Type:  Article

Imagine the U.S. government requiring public speech or enforcing public silence in return for the benefits it gives out, writes Andrew P. Napolitano. Well, it is happening under our noses today.

Abstract: 
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Excerpt:

When the government gives out privileges, like a driver’s license, the right to vote, a security clearance or research funds, it does so with strings attached. Those conditions must be rationally related to the privilege granted. You will drive the speed limit, you will only vote once in an election, you won’t disclose the secrets you learned, you will not interfere with the human rights of others on your campus.

Much of this is second nature to the recipients of governmental benefits, even though the government grants benefits when it lacks the authority to do so. Financial aid to education and foreign countries are nowhere authorized by the Constitution, but the feds give it away anyway.

Can the feds take these privileges back for the abuse of them? The short answer is: yes, but subject to natural rights. Thus, state governments can withdraw the driver’s license of a persistent speeder or drunk driver, but they cannot withdraw a driver’s license because the driver is driving to a political rally in support of a candidacy adverse to the government that gave him the driving privilege.

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