You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
What's the deal with the US libel laws?
An American comedian is openly stating that he was witnessed first hand, Trumps drug taking, sexual assaults and that he is incontinent.
He states that he witnessed some of this while working on the crew at The Apprentice TV show and others haven't come forward because they don't want to break their NDA's.
Now I find the drug and sexual allegations very easy to believe, however, even though I really hope there true, the stories of Trump shitting himself on set seem a little bit stretched.
Trump loves a good lawsuit, why doesn't he come after him?
What does the NDA mean in the US?
The right to free speech in the US constitution means that it’s very hard / impossible to sue for libel in the US. See something like the failure of the Thai cave rescuer “paedo guy” to sue Musk in the US.
NDA are very much legally enforced in the US and widely used. Hence why the crew of the Apprentice US won’t want to say anything.
Tony you are saying the NDA trumps* freedom of speech?
*I COULD NOT STOP MYSELF
It's very hard, but not impossible to sue for libel in the US, but the hurdles are bigger and the rewards are lower. However, there would also be a little thing called 'discovery', in which the producers and staff of The Apprentice would be deposed under oath in the run-up to court, which 'trumps' any NDA they might have signed.
I'm pretty sure Trump does not want these people asked under oath whether they witnessed any of his alleged behaviour.
I have to sign quite a few NDAs in my line of work. Some about protecting ‘content’ which is the sort of thing you sign on the Apprentice (don’t give away the ending) some about security of the shoot - a loosely worded social media post mentioning a pop star can result in the location being swamped with fans and bring work to a halt
something I’ve had with US productions is the NDA being worded in such away that there appears to be in breach if one person breaks the terms. So rather than me facing penalties if I make confidential information known - one persons action one persons liability - they’ve been worded so that I simply hold responsibly if the information becomes known - whether that’s by my actions or not - which means everyone party to that NDA would be held liable
that may just be that particular contract was poorly written. But that may explain some of the power an NDA in the US would hold
That said - anything I’ve signed has only ever covered content or product information - not an agreement to keep secrets for individuals
Headline "Trump follows through".
That said – anything I’ve signed has only ever covered content or product information – not an agreement to keep secrets for individuals
That's exactly what you'd say if you'd signed an NDA about Trump shitting himself. 🙂
The 1st amendment is about the government restricting free speech:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Which is why twitter can delete and block content, you can be fired for saying racist things, or you can choose to sign a nda for personal reasons like employment or cash.
Whether a NDA is specifically appropriate for the Apprentice US (and I'm not sure whether it is but I'm not lawyer) I'd be pretty sure that no-one on the show would want to be taken to court by The Donald, hence the NDA work in constraining details from the show.
Some guidance on NDA's from the National Law Review.
https://www.natlawreview.com/article/do-not-give-ndas-short-shrift
Which state's laws are referred to in the NDA as there are variations between states regarding what is/is not permissible in an NDA.