enigma_foundry makes an all too common mistake - confusing Constituional rights with contractual rights. The U.S. Constitution is a limit on GOVERNMENT action. Private limitations on speech - through employee confidentialitiy agreements, etc. - are very common, indeed encouraged, between private parties. It is illogical that people "contract" around the First Amendment, unless such a contract is with the GOVERNMENT, and even then I'm sure there are Defense contractors and FBI agents that willingly enter into confidentiality agreements with the U.S. that may limit their speech freedoms.
Unfortunately, the confusion inherent in this post dooms the comment.