Mitzi is about to graduate from UF and has just signed her first contract for employment with aprivate company, PPC. Mitzi realizes that there is a clause in her contract, drafted by PPC, thatprohibits her from speaking about the trade secrets that PPC uses. Mitzi believes that this clauseviolates rights under the First Amendment. Therefore, Mitzi tells some of her friends at school aboutthe company and the wording of the contract; however, she does not say anything else about PPC,its customers, or what it does.Mitzi does not know that her friend Juliet's father is the head of PPC. Juliet tells her father aboutwhat Mitzi has said, and he immediately fires Mitzi. Would Mitzi have a case against PPC under therights granted in the First Amendment?O No, company policy prohibits speaking about the trade secrets, and this is not protected by the FirstAmendment.O No, because Mitzi could only bring a case for abusive discharge, retaliation, or defamation; neither she norPPC could ever have any First Amendment rights related to commercial matters.O Yes, because she did not give away any trade secrets (which would be an exception to free speech).O Yes, the First Amendment protects her from being terminated without first having a hearing before a neutralarbiter (eg. a judge).O Yes, as Mitzi has the right to do, she was just criticizing the wording of her contract with PPC.

Employment contracts often include confidentiality clauses to protect a company's trade secrets and sensitive information. However, these clauses need to be balanced with an employee's rights, including those protected by the First Amendment. In the scenario provided, Mitzi questions the validity of a clause in her employment contract with PPC, believing it infringes on her First Amendment rightsIncorrect: No, company policy prohibits speaking about the trade secrets, and this is not protected by the First Amendment.While it's true that company policies may restrict employees from disclosing trade secrets, the question here is whether such restrictions violate Mitzi's First Amendment rights. The answer depends on the specific circumstances and the extent to which the clause restricts Mitzi's freedom of speech.Incorrect: No, because Mitzi could only bring a case for abusive discharge, retaliation, or defamation; neither she nor PPC could ever have any First Amendment rights related to commercial matters.This option incorrectly suggests that neither Mitzi nor PPC could have First Amendment rights related to commercial matters. In reality, employees may have First Amendment rights, particularly if the restrictions imposed by an employer significantly impede their freedom of speech.Incorrect: Yes, because she did not give away any trade secrets (which would be an exception to free speech).This option focuses on the content of Mitzi's speech but fails to address the broader question of whether the clause restricting her speech is a violation of the First Amendment. The absence of trade secret disclosure does not automatically determine the validity of the speech restriction.Incorrect: Yes, the First Amendment protects her from being terminated without first having a hearing before a neutral arbiter (e.g., a judge).This option confuses employment termination procedures with the First Amendment. The First Amendment protects individuals from government action that infringes on their free speech rights. It does not, however, impose a requirement for a hearing before termination in private employment relationships.Correct: Yes, as Mitzi has the right to do; she was just criticizing the wording of her contract with PPC.This option correctly recognizes that Mitzi's speech, in this context, could be protected by the First Amendment. Criticizing the wording of a contract, especially if it involves matters of public concern, may fall under the umbrella of protected speech.The analysis of Mitzi's situation involves balancing the legitimate interests of employers in protecting trade secrets with employees' First Amendment rights. The correct option acknowledges that Mitzi's criticism of the contract's wording might be protected by the First Amendment, and the validity of the speech restriction should be examined in light of this constitutional right.

Answered: Mitzi is about to graduate from UF and…