As someone who has walked away from a really nice offer because of the malicious (and I used that exact word when talking with the hiring manager) terms in the non-compete, not everyone can afford to walk away.

Oddly, before that incident I was in the "man, just negotiate them, it's all right" camp. Like the joke about a liberal is a conservative who hasn't been mugged yet, it really changed my outlook, and I'm now in favor of legislation nuking those things from orbit.