IIRC "disparagement" has a legal definition that's roughly "injurious or misleading falsehood". An opinion cannot be false. The legal definition of disparagemen

IIRC "disparagement" has a legal definition that's roughly "injurious or misleading falsehood". An opinion cannot be false. The legal definition of disparagement is different than general usage. For example, PA law: * The statement is false; * The publisher either intends the publication to cause financial loss or reasonably should recognize the publication would result in financial loss; * Financial loss does in fact result; and * The publisher either knows that the statement is false or acts in reckless disregard of its truth or falsity. There is debate regarding the efficacy of non-disparagement clauses for a variety of reasons, but it's often tough to make them stick.