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by SllX 857 days ago
An NDA is a contract, not a law passed by Congress. First five words of the 1st Amendment:

> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

If you break it, it's a breach of contract, not a criminal act and you didn't break any laws.
1 comments
Eddy_Viscosity2 857 days ago
I was responding to a comment about courts saying you can't waive rights away in contracts. I posed the NDA as a counter-example.
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SllX 857 days ago
Yes, but your example doesn’t work here. The bedrock of what we call our free speech rights is more of a prohibition on Congress from passing laws that impede that. Signing such a contract doesn’t contradict the First Amendment.
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Eddy_Viscosity2 856 days ago
It does though because its a contract. There are states which enforces, in their contracts, various anti-boycott measures regarding Israel. These are effectively anti-free-speech clauses and they are imposed by the government. But, are allowed because they are agreed to in the terms of the contract.
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