DISCUSSION BOARD ASSIGNMENT NO. 2

Instructions
This last discussion board assignment requires you to consider efforts by businesses
to enforce non-disparagement clauses in consumer contracts. A non-disparagement
clause prohibits a consumer from posting negative reviews about a business online
or in social media. Because this issue involves private businesses attempt to
restrict the speech of consumers, the First Amendment does not apply. For the last
two years, legislation has been introduced in Congress that would make nondisparagement clauses in consumer contracts illegal and unenforceable.
To receive full credit on this assignment, you must do the following:
1) Read this document, the articles, and watch the video (using the link
in the assignment folder);
2) Respond to the questions below by posting them in the Discussion
Board, which can be accessed below these instructions in the folder for
this assignment; and
3) Respond to each and every answer posted by two of your classmates by
stating why you agree or disagree with each of their responses.
NOTE: You will not see any of your classmates’ answers until you have posted your
own. When you have correctly completed this assignment, you should have posted
only three times: (1) your answers; (2) responses to “Classmate No. 1”; and (3)
responses to “Classmate No. 2.” Please do not post a separate message for your
response to each of the questions answered by a classmate.
In responding to your classmates’ answers, you should explain why you agree or
disagree. If appropriate, explain what you believe he or she failed to consider in
answering the questions. Most importantly—be constructive and respectful of other
persons’ opinions. Reasonable men and women can have different opinions about
these issues.
It should be easy for everyone to receive ten points on this assignment if you follow
these instructions carefully, offer thoughtful and intelligent responses to the
questions below, and provide constructive responses to your classmates’ answers.
ALL ANSWERS AND RESPONSES MUST BE POSTED BY 11:59 P.M. ON
THURSDAY, MARCH 3, 2016—NO EXCEPTIONS. IF YOU HAVE ANY
QUESTIONS ABOUT THIS ASSIGNMENT, PLEASE CONTACT ME.
MGT 200, § 501 SPRING 2016
2/18/2016
Questions
In the Discussion Board, discuss the following in detail:
1) Is it unethical for businesses to try to limit speech of consumers as
discussed in the articles and video, and for businesses sue to
consumers for damages when consumers post negative reviews?
2) Should Congress take action to address this issue or should the
marketplace be allowed to deal with the issue? For example, will
consumers stop doing businesses that use non-disparagement clauses,
which may ultimately cause businesses to stop this practice?
3) In the Forbes article, the author outlines how he thinks Congress
should address this issue. Explain why you agree or disagree with his
recommendations.

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