[shibumi]

"In America “silence” has NEVER denoted approval."

Not trying to be contentious, FRiend, but that is exactly what the legal maxim is.

Qui Tacet Consentire Videtur. "Silence Gives Consent" is a principle of American Jurisprudence handed down from English Common Law. It can be traced as far back as the early Greek City/States. The Athenians expressed it as “Auto de to sigan homologountos esti sou” and it was quoted in the plays of Euripides.

Bottom line: If you don't speak up, you get what's comin' to you.

(Ever hear the end of a civil wedding ceremony? "Speak now, or forever hold your peace.")

[muawiyah]

The 1790 Constitution formalized the pre-existing right to be silent in any criminal case without that being held against you ~ IN THE FIFTH AMENDMENT.

Going beyond that, it's pretty well established that the right to contract is sacred ~ so they gotta' get your name on the line ~ and over the years this country has spent quite a bit of time ferreting out every last bit of "silence implying consent" until now you can name the instances of it still existing in the law on the fingers of one hand.