> That's nice, but the rest of us didn't accept anything to agree to provide a legal system that would enforce it... and there's no reason we should.
This is exactly the kind of response with the right amount of flippancy/belligerence that "they aren't/weren't forced to sign" deserves to be met with.
We have a system of laws that decide which private contracts are enforceable and which are not. So we can try to change the law but as it stands we have decided that this one is enforceable.
FWIW I agree about not enforcing non disparagement clauses but legally that not the world we live in.
"we" is a strong word here. More like some people 50-80 years ago decided to at worst rule against the worker's best interest, and at best chose to ignore it and pretend things would work out with a "gentlemans' agreement".
This is exactly the kind of response with the right amount of flippancy/belligerence that "they aren't/weren't forced to sign" deserves to be met with.