[noescape]

This is a really good question. It seems a non-disparagement clause waives one's right to the first amendment.

http://www.jaburgwilk.com/news-publications/what-is-a-non-di...

Is this right?

[JBlue42]

Whenever I had to sign one after a lay-off I checked with lawyer friends first. They are not really enforceable.

[noescape]

Can you explain what you mean by "really enforceable"? Does it mean that they often don't get enforced, but are legally binding -- or does it mean they're illegal?

If they're legally binding then that's still bad.

[wayn3]

you can not waive your first amendment rights. inalienable rights can't be alienated by yourself either.