The First Amendment is an embodiment of American freedom and therefore is often considered inviolable. This is a fallacy. First Amendment rights are not absolute and may be waived. The Supreme Court has declined to outline a rule for First Amendment waiver, but the Circuit Courts have filled this gap and adapted the waiver rules from criminal procedure to permit waiver of First Amendment rights by contract. In permitting waiver of First Amendment rights, the Courts give deference to contracts and strain the outer boundaries of First Amendment protections.
Waiving Goodbye to First Amendment Protections: First Amendment Waiver by Contract,
46 Hastings Const. L.Q. 451
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol46/iss2/4