The freedom of expression of the Firest Amendment does not exclude or remove a non-disparagement clause. Contracting parties are free to waive their rights under the First Amendment of the Constitution. See FreeLife Int`l, Inc. Éduc. Music Publications Inc., 2009 WL 3241795 (D.Ariz. 2009). However, there are limits to non-disparagement clauses. An obvious but important limitation is that non-disparaging clauses do not cover statements made before the clause was agreed. This can be particularly important if the clause is agreed in a transaction at the end of a long combative litigation, during which both parties have probably already made negative statements about the other. At first glance, non-denigrating clauses look strict. “Denigrating” means criticizing or belitting someone or something or presenting them as of little value. If your contract allows it, you may also be liable for the attorney`s fees of the party suing you.
denigrate means “to discredit or reproach; to dishonor, to discredit; to reduce credit or appreciation. There are exceptions that a non-vaccination agreement cannot replace. An agreement cannot prevent a person from filing a claim to compensation or receiving benefits for an injury or illness, Cheddie says. Nor can they stop an employee from saying negative things to a government agency that is conducting an investigation, Elkins adds. For example, if the Equal Employment Opportunity Commission is looking at a right to discrimination or if an organisation like the FDA or EPO is looking at your company`s practices, you can turn freely to that agency.