"The right to free speech means the government can't arrest you for what you say." It doesn't mean anyone else has to tolerate what you say. It doesn't mean a

"The right to free speech means the government can't arrest you for what you say." It doesn't mean anyone else has to tolerate what you say. It doesn't mean a contract between private parties (i.e. not a contract with a gov't entity) can't dictate the things you may or may not discuss about the parties or the agreement itself. In other words: "free speech" has nothing to do with anything except whether the government can arrest you for running your yap. Which further means a corporate software development license agreement can stipulate anything it wants. And you are free not to accept that agreement and not partake of the benefits the agreement bestows.