[grosjona]

I was reading about non-disparage clauses and I find it disturbing that these clauses are allowed to override a law as fundamental as free speech. It's disturbing that the US needs to make new laws just to reaffirm the validity of some of its oldest, most fundamental laws.

Doesn't that in itself reduce the credibility of all laws? Maybe the real problem is that the justice system is not doing its job properly.

[throwaway2048]

free speech in terms of the 1st amendment is about _government_ restrictions on free speech, the law is mostly totally silent on private agreements or arrangements.

This is a fundamental distinction that is missed entirely in way too many online conversations.