How enforceable would this gag order be?
If this was done today, it would not be enforceable at all. A federal law (passed several months after the question was asked) actually makes the third provision not only void, but illegal. According to 15 U.S. Code § 45b (less-relevant parts omitted, bold mine):
The term “covered communication” means a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a person by an individual who is party to a form contract with respect to which such person is also a party.
Except as provided... the term “form contract” means a contract with standardized terms—
(i) used by a person in the course of selling or leasing the person’s goods or services; and
(ii) imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms.
(b) Except as provided... a provision of a form contract is void from the inception of such contract if such provision prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication...
It shall be unlawful for a person to offer a form contract containing a provision described as void in subsection (b).
Given that the contract was put on everyone's door instead of negotiated, it appears to be a "form contract" under this law, and negative reviews would count as a "covered communication". The FTC could start enforcement proceedings against the apartment company, if the company did this sort of thing now.
answered Apr 28 '18 at 4:15
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