If you're john doe, you have exactly the same standing as a business when agreeing to and complying with the conditions of the license from a copyright owner.

It's not the government restricting your right to speak (1st amendment in the US), it's a private corporate "person".

If you don't like the conditions of the license, you can do one of three things:

1. Don't use the software

2. Use the software in violation of the license, and face the consequences if the copyright owner takes action against you.

3. Get the laws of copyright changed so that conditions about publishing benchmarks is not allowed to be removed by a license.