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You ever notice how medical privacy always has the 'except as required by law'. It prevents them blabbing about it to your friends, but not to the government. Also, contracts would resolve this. You can restrict your speech per a voluntary contract (such as an NDA). The key difference here being a contract is voluntarily entered into while a law is enforced. If you want to work for the medical field, you'll have to enter into a contract to stay silent about key information.



> Also, contracts would resolve this. You can restrict your speech per a voluntary contract (such as an NDA)

Yes in theory. In practice too much of the population are bad at legal issues and would not ensure they get their doctor to sign a NDA and would be screwed.


They already sign waivers that result in them being screwed. It is pretty much standard practice these days.


If freedom of speech is absolute, then it means that any contractual clause purporting to restrict it is void.

In the same way that any contractual clause purporting to enslave a natural person, even with their consent, is still void.


>If freedom of speech is absolute, then it means that any contractual clause purporting to restrict it is void.

No it doesn't.

>In the same way that any contractual clause purporting to enslave a natural person, even with their consent, is still void.

Such a contract is banned because of how one-sided it would be. Even a contract for selling property can be overturned if it is too one-sided. The difference being is that there are many fair contracts for exchanging property while there are none for enslavement. Compare this to indenture servitude, where some variants are allowed, though they include some way to break away.

Consider that a person owning their own creations, something largely considered quite absolute, does not preclude them entering in a contract where such creations are owned by the other party.

The core difference here is that the government cannot punish you for information you gave or received. You can have a civil case for breaking a fair contract you consented to (and if court ordered damages are not paid, you can then be guilty of contempt of court).




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