…e idea that maybe some group is subhuman, because people evidently are unsure enough to discuss it. Legitimizing the dehumanization of others as a debate benefits one group only: those who wish to dehumanize. As a result, in such a conversation, it doesn’t even matter what they say; the arguments can be utter nonsense or change every minute. They get their desired benefit from the simple fact that the conversation is being had, and being granted legitimacy. There is no meaningful speech remedy to that.
…e they commingle with various other “non-disparagement” clauses and “employer protection statutes.” Somewhere along the way, employers’ legitimate interest in protecting hard-won trade secrets has turned into an all-purpose tool for shutting down public scrutiny — even when the organizations involved are more powerful than agencies of government.