U.S. District Court Judge Paul Gardephe’s ruling generally steered clear of the constitutional issues presented by such agreements in the context of political campaigns. Instead, the judge — an appointee of President George W. Bush — said the sweeping, boilerplate language the campaign compelled employees to sign was so vague that the agreement was invalid under New York contract law.

“As to the scope of the provision, it is — as a practical matter —unlimited. … Accordingly, Campaign employees are not free to speak about anything concerning the Campaign,” wrote Gardephe. “The non-disclosure provision is thus much broader than what the Campaign asserts is necessary to protect its legitimate interests, and, therefore, is not reasonable.”