Nondisclosure Agreement Violates Right To Engage in Political Speech
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. District Court for the Southern District of New York in Denson v. Donald J. Trump for President, Inc. The central question in this class-action lawsuit is whether the nondisclosure agreement that the defendant, the president’s campaign, requires all employees to sign is unenforceable and void as against public policy. The amicus brief supports the plaintiffs’ motion for summary judgment and their argument that the nondisclosure agreement is an unreasonable restrictive covenant, that it is vague and indefinite, unconscionable, and violates the First Amendment by requiring a waiver of the right to engage in political speech. The amicus brief highlights the importance of ensuring campaign sources can speak freely to members of the news media.