President Trump appears to be quite agitated about a tell-all book released this week by former senior adviser Omarosa Manigault Newman.
“Wacky Omarosa already has a fully signed Non-Disclosure Agreement,” the president tweeted Monday. (He would go on to call her “that dog” Tuesday morning.)
Part of the outrage on the president’s part seems to be over Manigault Newman breaking what Trump saw as a promise not to talk about her time working for him. White House counselor Kellyanne Conway told ABC News: “We have confidentiality agreements in the West Wing — absolutely we do.” And Manigault Newman claims in her book that Trump’s reelection campaign offered her a $15,000-a-month salary in exchange for signing a confidentiality agreement.
But such NDAs for government workers, when they go beyond prohibiting the disclosure of classified information, are unconstitutional on their face. I know, because I have litigated more pre-publication-review classification challenges against the government during the past 25 years than any other attorney. For decades, courts have made it clear that the government may not censor unclassified material, “contractually or otherwise.” Legal challenges during the 1970s and 1980s against the CIA settled the question that the government has no legitimate interest under the First Amendment in censoring unclassified information.
