Is the "Speak Out Act" Constitutional?
On Wednesday the President signed the "Speak Out Act," now Public Law 117-224. The law exempts disputes over sexual assault or harassment from pre-signed nondisclosure or nondisparagement agreements, in the hopes of encouraging survivors to come forward without fear of being sued.
Putting the policy virtues to one side, I'm wondering: what's the source of congressional authority here? A state might decide to void new NDA contracts in this way, as a matter of public policy. But if state law would enforce them, can Congress tell them not to?
Most of the standard jurisdictional-nexus clauses...