Non-disparagement agreements are common elements in the USA for severance/release contracts.
As for the 'unconstitutionality' of Sony trying to make people sign away their right to a class action lawsuit, it doesn't violate the freedom of speech. The freedom of speech, for the most part, only protects against the state infringing on your rights. This is often confused, even by people like Sarah Palin, so I'm not blaming you for not knowing it—but that's something to consider.
What Sony tried to do is egregious, though, and it can be struck down if a court says that the class action waiver is not enforceable.
markbao|11 years ago
As for the 'unconstitutionality' of Sony trying to make people sign away their right to a class action lawsuit, it doesn't violate the freedom of speech. The freedom of speech, for the most part, only protects against the state infringing on your rights. This is often confused, even by people like Sarah Palin, so I'm not blaming you for not knowing it—but that's something to consider.
What Sony tried to do is egregious, though, and it can be struck down if a court says that the class action waiver is not enforceable.