Mac Mcleod
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After a Rupert Murdock said liberals had problems with sexual harassment but allegations that Fox News had problems were "nonsense" and "liberals were going down the drain" and they were being targeted as conservatives Former Fox News Legal Analyst Tamara Holder broke her NDA to call his allegations nonsense.

TYT:


"He says it was flirting. I had a man take out his penis and shove my head down onto it. That is not flirting..."

I'm thinking smug sexual harassers with NDA's should keep their mouth but I hope they don't.

CNN:
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Marcel
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I am just wondering if it is legal in the US to have someone sign a NDA over this?

If this is allowed, then the law says that it is legal for a person in power to blacknail their subordinatesinto hiding a criminal act. No legal system can ever allow there to be contracts to hide criminal acts, this would destroy the legal system. By allowing such contracts criminals go free and endanger society more.

Could this woman get in legal problems for breaking the NDA or is there a working legal system that makes the NDA non-enforcable?
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mag74b wrote:
Could this woman get in legal problems for breaking the NDA

The first bit of the CNN video is her explaining that she's not breaking the NDA.
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Mac Mcleod
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To your point, she's saying she had to keep quiet unless she was disparaged.

So to your point- yes, the NDA was hiding a crime.

And to the title on the video-- it's her opinion that she didn't violate the NDA. She's a lawyer- so maybe so. It's one of those things that could go to trial and she might lose. OTH, in today's environment, it might not go to trial because Fox and Murdoch won't want to a) have another hundred women break their NDA's and b) they might lose a lot of advertisers over the issue.

Pushing someone's head onto your penis certainly sounds like a crime to me.
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Alexandre Piquet
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I thought American lawyers had the obligation to report crimes.
 
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Agent J
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Blacklisted from Fox at least and probably elsewhere because they were abused. Terrible.
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Jorge Montero
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This makes me think of how all of this would play out in those fun libertarian utopias that anti-government people like. If the only law is contract law and basic property rights, what happens to a woman in a situation like this? How terrible are outcomes regarding harassment?

Today many companies already mandate employees to sign their rights away regarding sexual harassment, demanding arbitration instead of regular courts. How crazy would that be if people couldn't just ignore what they signed and go for the court of public opinion?
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Agent J
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So many laws are written just because contracts are written to strip people of their rights that we have to make it illegal to enforce those provisions.
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hibikir wrote:
This makes me think of how all of this would play out in those fun libertarian utopias that anti-government people like. If the only law is contract law and basic property rights, what happens to a woman in a situation like this? How terrible are outcomes regarding harassment?

Today many companies already mandate employees to sign their rights away regarding sexual harassment, demanding arbitration instead of regular courts. How crazy would that be if people couldn't just ignore what they signed and go for the court of public opinion?


Yeah, I don't see this as a problem that the free market deals with very well. For years, the default setting for many men in business was to be skeptical of any accusation - kind of "there but for the grace of God go I" solidarity.
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However, people with the money to buy their reputation are the same people who have the money to contribute to candidates so they don't allow them to make the common-sense regulation that NDAs cannot be enforced w/r/t criminal activity.
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Xahendir wrote:
I thought American lawyers had the obligation to report crimes.

I think you're thinking of England.
 
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