Nondisclosure Clauses
I have thought of writing a law review article on such nondisclosure contracts. A few articles have been written on them in the context of sexually harassed women settling out of court for extra money in exchange for keeping quiet. The interesting legal question is whether such agreements are enforceable in court. There is a general doctrine in Contract that "contracts that violate public policy are void". For example, you cannot enforce your cocaine purchase contract in court. The King's court will not enforce contracts contrary to the health, safety, and morals of the realm. Thus, should a contract to keep crimes secret be enforceable? How about to keep secret conduct that is unlawful but not criminal--- breaching academic freedom and a tenure contract? As far as I know, this is untested in court.
https://www.jamesgmartin.center/wp-content/uploads/2021/01/Scholastic-Gag-Orders.pdf and https://www.jamesgmartin.center/2021/01/the-ways-in-which-colleges-legally-silence-troublesome-scholars/
