Fox Sends ‘Cease and Desist’ to Tucker on Eve of Major Trump Defense Episode.
(thenationalpulse.com)
IT'S AFRAID!
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The courts have consistently ruled that you can't take someone's lively hood away in an NDA agreement. So for example, you can't order a painter to not paint. That would take away his trade. Fox has moved to the left. Tucker is clearly NOT LEFT. It would be like CNN suing Rush for infringing on their audience. It has been reported that Fox agreed to allow Tucker to have his social media. Well, Fox, you screwed up, bigly. Can't cry now.
They are still paying him.
It's not an NDA, it's a noncompete clause. It's about exclusivity.
He is still under contract.
Yes but: IF ( and that's a big IF) Fox allowed him to post on social media, then Fox loses. Twitter is a social media company (for now and at the time of the contract). IF Tucker went on CNN, or MSLSD, or a TV network, he'd be violating the NDA and probably the employment contract. Again, the courts can't fix a bad contract. If Fox didn't specify that Tucker can't do POD casts, or post on social media, then Fox loses.
and you're right, we're intermixing NDA with noncompete. What we're all actually talking about is actually a noncompete.