Legal Question in Civil Rights Law in Illinois

Can Freedom of Speech rights be stifled by a contract?

I've had a terrible experience with a contractor doing a bathroom remodel, who also damaged other parts of my home. They want me to sign a waiver of liablility so I don't sue them for the other damages, but more to the point, within the disclaimer is a paragraph stating I can not talk about write about or intimate in any way my opinions or the problems that have occured by using them. Can they actually stop my First Amendment Right to Free Speech? I feel compelled to write a review so others aren't taken or go through the absolute nightmare I've gone through with this contractor.


Asked on 1/13/09, 1:01 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Can Freedom of Speech rights be stifled by a contract?

Yes, you can contract away your freedom of speech in certain senses. One common example is commercial speech such as giving an opinion about the quality of a product or service. If you are getting some kind of consideration, then that provision will apply.

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Answered on 1/13/09, 6:46 pm


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