Saturday, November 2, 2019

A Voice of Warning should not be Outlawed

   "Gretchen Carlson wants to speak freely about Fox News tenure," reads the headline, and we are led into an article explaining she signed an agreement not to disclose certain things.
   Some of these non-disclosure agreements should be illegal. As soon as Congress sees something is unjust or wrong, it should hustle to its hallways and pass a law.
   That is what Congress is for. That is what state legislatures are for. Perhaps Utah's legislature should pass such a law, as well.
   To me, many of these agreements are, indeed, unjust -- perhaps even immoral. Is it moral to force a person to sign an agreement saying that if they ever are raped, they cannot tell anyone? Some of these situations involve crimes. Rape and sexual assault are crimes. Do we live in a nation where is its legal to force people to sign agreements saying they must keep it a secret if a crime is committed against them?
   Freedom of speech enters into this. The Constitution provides free speech. You might argue that they give up their free speech rights when they sign the agreements, but they sign under duress, as failure to sign prevents them from getting the job.
   So, what kind of a law do we come up with to prevent this injustice? One starting point would be that no agreement can be made preventing a person from reporting a crime. I do not know whether such a law exists, but it should. While I read that an NDA (non-disclosure agreement) cannot protect a person from criminal prosecution, I do not know if that is a result of court rulings, or if there is actually a law against it.
   Now, what of disabling workers from speaking badly about their employer? Do we say such agreements are okay? We already have libel and slander laws. If a person slanders their employer, let it be against the law. But, if they speak the truth . . . ?
  A tongue should not be quick to air the faults of others. Discretion and forgiveness suggest there are times you should not announce the sins and shortcomings of others. Dirty laundry should be dealt with in-house -- in the house where it happens. Often, anyway.
   But, there are times when the public should be warned. Do we take away that right to warn the public? I believe our law should say you cannot require someone not reveal to the public things that might be harmful to members of the public.
   Voices of warning should be allowed in a land of free speech.

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