Wednesday, June 02, 2021

Non-Disclosure Agreements and the First Amendment

 Suppose I get a job as the chauffeur for a famous actress. When I enter into my employment agreement, I agree to a non-disclosure clause, a clause pursuant to which I agree not to disclose any personal information I learn about my famous employer. If I violate the confidentiality agreement and disclose some harmful information about my celebrity employer, may she sue to recover damages for my breach of contract? Do I have a First Amendment defense? Is the contract lawsuit state action triggering the First Amendment? Or is my contractual promise the source of the restrictions on my freedom to disclose this information?