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?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Wednesday, June 02, 2021
Non-Disclosure Agreements and the First Amendment
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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