8143 – Gagging on Your Own Order

Can they keep you from talking about your divorce case ever?  This case involved a celebrated divorce between Nicholas Perricone, the popular anti-aging dermatologist guru, and his former wife, Madeleine.  It seems at the beginning of the bitter divorce proceedings the parties signed an agreement which provided that neither party shall disseminate to the public or the press any disparaging or defamatory information.  A few years after the divorce, Nicholas learned that Madeleine was planning to appear on a national TV program and tell all about the marriage, the divorce and a pending custody battle.  Nicholas asked the Court to bar her from appearing, which it did.  Madeleine appealed claiming that her constitutional right to free speech entitled her to talk about her divorce.  But the Court reminded us the Constitution protects us from the government, not from ourselves, and if a person voluntarily signs a confidentiality agreement, she has waived her right to free speech and parties cannot complain if the Courts merely hold them to their promises.  So hell hath no fury like a woman silenced.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Nicholas Perricone v. Madeleine Perricone, Connecticut Supreme Court, No. SC-17683, June 23, 2009, Rogers, C.J.