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23 May 2010, 3:11 am
The Concurring Opinions blog has an interesting piece by Daniel Solove on the question of whether confidentiality contracts are enforceable in the US – he refers to his 2009 paper on the subject in the Columbia Law Review which reached the sensible conclusion that “the First Amendment should apply to civil liability when government power shapes the content of public discourse, but not when government power merely serves as a backstop to private ordering. [read post]