![]() ![]() A court may enforce an agreement preventing disclosure of specific information without violating the restricted party's First Amendment rights if the party received consideration in exchange for the restriction. Parties are free to limit their First Amendment rights by contract. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights. Indeed, in considering the argument that the enforcement of the settlement agreement necessarily violates Mary Trump's First Amendment rights, then-Presiding Justice Scheinkman of the Appellate Division, Second Department had made the following observations: The full text of Judge Greenwald's quote is that the applicable confidentiality provision would "offend public policy as it would be a prior restraint on speech." Justice Greenwald further noted that "the First Amendment requires that remedy its harms through damages proceeding rather than through suppression of protected speech." Thus, Justice Greenwald's decision actually affirms the notion that the instant action is the proper manner for plaintiff to enforce the settlement agreement without offending defendant's First Amendment rights. Justice Greenwald's decision, however, centered on a prior restraint analysis, and his holding should be confined to that context. In a nutshell, defendant's position is that enforcing a waiver of First Amendment rights for the purpose of insulating a public official from unpleasant attacks will "plainly undermine core First Amendment principle." To further bolster this argument, defendant relies on Justice Greenwald's decision denying plaintiff's brother's request for a preliminary injunction to prevent Mary Trump from publishing her book, in which Justice Greenwald held that the applicable confidentiality provision, "viewed in the context of the current Trump family circumstances," would "offend public policy." ![]() Here's the heart of the free speech analysis:ĭefendant … contends that enforcing the confidentiality agreement between the parties would violate vital public interests regarding freedom of speech. ![]() Trump … seeks to recover against Mary Trump for the publication of her book, "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man." Mary Trump, the complaint alleges, caused her book to be published in open defiance of confidentiality obligations she owed to plaintiff…. Mary Trump, decided yesterday by New York trial court judge Robert Reed: ![]()
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