Settlement between me and landlord: Can I be forced to "not talk about it"?

In a settlement between me and a former landlord, and part of that is something about confidentiality and I'm supposed to promise I won't talk about it. Talking about it of course would warn others about the way the LL skirted the law and he may very well do it with others. I doubt he'd lose income because there are always tenants who want to rent.

Doesn't this "gag" order they want me to sign (or they will pursue a lawsuit and I sure don't have the money for that!) force me to give up my constitutional right of freedom of speech?

I'd love to be able to tell everyone about this situation, and to discuss it with my friends--they already know most of it anyway-- so people will tell their friends and avoid renting from this LL. Since I'm not posting it on FaceBook or taking out an ad on the side of the bus, what is my recourse to NOT agree to this confidentiality part of the settlement????

[AFFA]

I wish to inform you that settlement agreement may be entered between both the parties. In this regard your settlement agreed can only be entered if you agree to confidentiality clause. If you do not intend to enter settlement clause then proceedings will go as it is going. You may make a counter offer in which you may remove confidentiality clause however your landlord may or may not agree to this counter offer. Further your confidentiality clause will restrict your right to inform others only in the matter provided in the settlement agreement. In this regard acts of landlord which is not within the confidentiality clause can be informed.

AFF

[Lexus]

A settlement agreement is possible between the LL and the tenant. From the facts it could understand that the LL wants to include a clause which is in violation of existing laws. A confidentiality clause which is opposed to ‘public policy’ or in violation to existing LL tenant laws or any laws/code pertaining to lease will be void and unenforceable parse. So you have to make it sure whether such a clause is will amount to any kind of violations or will endanger or affect the tenants who move in future. If that be so you have all the right to break your silence and inform about that confidentiality clause to others. It is better advised that you may consult with a Property Attorney who can give a proper guidance in this regard.

Thank you both for your input. The way I understand it is that if I agree to a confidentiality clause that says I will not speak of this matter, I can still write a note about it and show people, or post it on my blog, or make a magnetic sign for the side of my car that says "Happy Arms Apts? Go somewhere else!" for example (not using a real name or anything in this post).

[annjd]

You can tell people stay away, but you cannot talk about the incident if you that is what you agreed.

Most lawyers include a clause in such settlements that also forbids saying anything negative--but not in your case it appears.