May 232010
 May 23, 2010  Posted by  Court

Daniel Solove writes:

The NY Daily News reports on rumors of a potential $750 million divorce settlement proposal in the impending divorce of Tiger Woods and Elin Nordegren:

Woods hasn’t agreed yet, but if he does he wants total silence from his soon-to-be ex about the collapse of their marriage – forever, according to the Chicago Sun-Times.

Nordegren has so far said no to signing a lifetime “confidentiality clause” that would prevent her from writing a book or doing any interviews about the split.

Would such a lifetime confidentiality agreement be enforceable under the First Amendment?  Should it be?

Professor Neil Richards and I tackled this very issue in a recent article, Rethinking Free Speech and Civil Liability, 109 Columbia Law Review 1650 (2009).

As we noted, the law provides two very different approaches toward the First Amendment and civil liability.

Read more on Concurring Opinions.

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