And that's where the complexity arises in this argument that I don't know how to resolve. In the case of this woman vs Meta, to me it doesn't "feel" legal that one disparaging comment costs $50K. It feels that there's something wrong here that should not be allowed despite her entering the agreement. Maybe I don't believe she should have been allowed to enter the agreement.
replyBut I understand that my point of view doesn't match legal code. Just feels fucked.
To be clear, I do agree with everything you've said here — I just disagree that freedom of speech is an inalienable right, and I don't think there's ever been a time or place where it has actually been considered one.
replyIf it were up to me, I would require non-disparagement agreements to be standalone contracts, and cap the damages a company can claim to the amount they paid you to sign it. Once that number is met, the contract is void. That way the company only gets as much leverage as they're willing to pay for.
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