I wonder if this Paul Cristoforo has pioneered a new PR strategy for startups though. . . hire him, or someone like him, to stir up a big pot of controversy, publicly fire him saying you had NO IDEA he was going to abuse his position, and release press releases talking about how great your products are for disabled people/kids/other sympathetic group, etc. Get the public to view your company as another victim of his abuse and try to get them to feel bad for you and good about your products, while transferring their rage to the "rogue employee/consultant".
Sort of Good Cop/Bad Cop for startups.
Well, if you read Machiavelli (or even Dune), that is exactly what is suggested. Invade a country, put a horrible despot in control of it. Let the despot kill the violent opposition and beat the populace into submission. Then, depose the despot, execute him publicly, say you had no idea what he was doing in your name, and lower taxes slightly. Even though taxes are still higher than they were before, people will still love you because you are better than the despot you deposed. Now, I don't think Christoforo the idiot is the Machiavellian genious who would come up with this plan, but wouldn't it be funny if he were?
I was under the impression that a contract cannot take away rights guaranteed by the constitution. Am I wrong?
First, IANAL. However, this is a common misconception. The constitution does not guarantee you free speech in all circumstances. It just guarantees that the Government itself will not make any laws that restrict your speech. Anyone else can restrict your speech in any way they see fit using whatever powers they may have. Your company can fire your if they don't like what they say. Your doctor can refuse to treat you. Your school can expel you (assuming it is a private school). Most especially, you are free to restrict your speech by voluntarily entering into a contract not to speak on certain issues. How else would NDAs work? To the best of my knowledge, the Bill of Rights (and most of the other amendments) limits only what actions the Government may take and does not inhibit the actions of individuals or groups such as corporations.
Kleeneness is next to Godelness.