Legal Question in Construction Law in California

freedom of speech

I have a contract with a person not to comment on my business. They have to the news paper. I have sent a letter to them that I'm going to sue them. They said they can say whatever they what ''freedom of speech''. Can a person contract away their freedom of speech if the subject matter is not political?


Asked on 3/13/08, 3:20 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: freedom of speech

yes

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Answered on 3/13/08, 3:22 pm
Terry A. Nelson Nelson & Lawless

Re: freedom of speech

If you mean you have some kind of confidentially / non-disparagement agreement with that person, then yes, you could take legal action if they breach the agreement. People can contract away many rights, including that; litgation settlement agreements frequently have such provisions.

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Answered on 3/13/08, 7:49 pm


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