Now, Congress could pass a law saying the anti-disparagement contracts are unenforceable. But would we really want that? Suppose you hire a nanny to watch your kids, and then she quits and writes a tell-all book about your private, embarrassing personal life? You can bet that nannies for high-profile people have anti-disparagement contracts, and are paid well as a consequence. Which seems quite reasonable to me.
How about NDAs? Should they be unenforceable?
How about Secret Service agents protecting the President. Should they not have to zip their lips about what they see and hear about what goes on in the White House? Is that a violation of their rights to accept such conditions of employment?
Many disputes are settled with the terms being non-disclosed. Should those be unenforceable, too?