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It's the difference between a "negative" and a "positive" right. The former is something that government cannot do (compel or prohibit speech) whereas a positive right is something the government is obligated to provide (clean water).

Many people- most, in the early days- had private wells, and do not in any way "get" water from the government at all. It wouldn't make sense for such a thing to be in the Constitution. Even now, the water at my house comes from a well in my basement.

What happened could easily fit under fraud, false advertising or any number of other criminal or civil laws. That's why I'm deeply skeptical of this part of the judgement:

> He also said there was no constitutional right to “truthful information from officials during a public health crisis.”

While technically true, that does not mean the conduct itself was lawful, and I'd expect someone better versed in legalese could explain it.

PS: this case in particular relates to the city of Jackson, a municipal government, not the federal Congress, so the bit about "common defense and general welfare" is not binding to them. That would be the articles the municipality is incorporated under, as defined by the state of Mississippi, which apparently are too loose.

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