I'm not clear on the newspaper example; do you think reporters aren't allowed to write stuff outside their job? Plenty of reporters publish books.
You can argue that contract law is essentially a battle of relative political and economic power, and IP and employment contracts will always be unfair unless limits are set by statute and enforced enthusiastically.
And personally I would.
But generally you're signing away the rights to specific text, not the insights or commentary in that text, and if you freelance there's nothing to stop you making your points through some other channel, and/or some other text.
If you're a full-time employee then the usual agreement is that your words (code) are work product and owned by your employer, and you're in that situation because your political and economic power is relatively limited.
Good. We have "enumerate[d] [at least one] inaliable basic [freedom] that peopke should be able to deal in".
Of course, we can quibble over the permissible duration of such timespans, but I think the point has been made clear.
That's not how this works.
Unconscionability is a bit like obscenity; hard to perfectly define, but sometimes quite clear.
They also could have mentioned: NDA's, hate speech, threats, incitement, purjury, defamation, security-clearances or state secrets.
No.
"Inalienable right", like the "right to bear arms", has never meant you get to do anything with it. Free speech doesn't extend to defamation; free expression doesn't extend to murder; freedom of the press doesn't extend to sneaking into the CIA's archives, freedom of movement doesn't apply to jails.
I'm of the opinion that arbitration clauses and non-disparagement agreements of the scope involved in this particular case are unconsionable, because they unreasonably infringe upon such inalienable rights.
