4 ms·
Such clauses are basically impossible to enforce in the US. It's called 'Prior Restraint' and courts look extremely poorly on it. You can forbid people from l
by otakucode 9y ago
Such clauses are basically impossible to enforce in the US. It's called 'Prior Restraint' and courts look extremely poorly on it. You can forbid people from lots of things, but forbidding them from saying certain things? You can do that if you are the government yourself... and basically no one else.
- uiri 9y agoThe government explicitly can't restrict freedom of speech in the US. It is the first amendment to the Constitution. I'm not sure why you seem to think that e.g. non-disparagement clauses are unenforceable in the US.
- otakucode 9y agoHow can you be unsure? I thought I explained it quite clearly. The courts look very poorly upon prior restraint of free speech. Non-disparagement clauses in employment contracts specifically are very dicey and difficult to make stick in a court of law in the US. Here is an article about it... they can end up being enforced, but it is unusual: http://chernoff.law/non-disparagement-clauses-can-really-enforced/ http://chernoff.law/non-disparagement-clauses-can-really-enf...