Saturday, October 14, 2017

Rape, Non-Disclosure, and Public Policy Vis-a-Vis Weinstein

Well, yes, this is about Weinstein.

Althouse cites a story in which Rose McGowan has 'blown off a [non-disclosure agreement (NDA)] and openly told her story about Weinstein raping her.  Not 'grab-a-boob,' not 'grab-a-pussy' (both reprehensible, by the way)--but RAPE.

There is such a thing as "public policy."  Here's a definition of public policy:

A principle that no person or government official can legally perform an act that tends to injure the public.

OK.  So.  If Weinstein is a serial rapist and abuser, is an NDA about Weinstein's activity contrary to "public policy"?  If the NDA prevents other young women from knowing that they may well be victims of this scumbucket, it would seem that the NDA is a problem.  After all, those other young women are "the public." 

I suppose someone could argue that "the public" is a much larger entity than just 5, 10, or 25 young women; or that disclosure would precipitate greater harm than non-disclosure.  But I don't think those arguments hold water.


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