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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