IN THE early weeks of Donald Trump’s presidency, the White House was a leaky ship. So Mr Trump seems to have imported a device often used in the private sector, but never before employed in the executive branch: sweeping gag orders covering everything—from secrets to mere gossip—picked up at work. Naturally, a draft agreement has leaked to the Washington Post. It suggests that staffers who improperly disclose confidential information would be liable for huge fines, and even bars future novels from mentioning White House work. The scheme, conceived in chaos, has plainly been ineffective in its intended purpose. The administration remains shambolic and sieve-like.
These sorts of non-disclosure agreements (NDAs) are probably both unenforceable and unconstitutional. Because White House staff are employed by the government, their speech is protected by the First Amendment. “Information about public service belongs to...Continue reading
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