“How can she spew that garbage about me?” “Everything that comes out of her mouth is an unadulterated lie.” “What? I only did meth because she wanted me to!”

If you practice family law, or counsel with patients going through divorce, you likely have heard comments like these. Nondisparagement clauses have become increasingly common in divorce and child custody agreements, aiming to protect minor children from the harmful effects of parental conflict. However, nondisparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance the complex interplay between family law and Constitutional rights? What’s the difference between disparagement and complaining? What are the implications of these competing forces for divorcing couples in Texas and beyond?