If that were enough, no confidentiality agreement or non-disparagement provision could ever stand. See Leonard v. Clark , 12 F.3d 885, 892 n.12 (9th Cir. 1993). Instead, the proper inquiry is how much those public policy interests are impaired, if at all, based on the applicable record.

Opp'n at 14. While this may be true where there is government action, see, e.g., Leonard v. Clark, 12 F.3d 885, 891 (9th Cir. 1994), Plaintiffs allege no government action here. They offer no indication of how an agreement between non-government actors implicates the First Amendment, nor has the Court located any case suggesting as much. Cf. Loce v. Time Warner Entm't Advance/Newhouse P'ship, 191 F.3d 256, 266 (2d Cir. 1999) ("The First Amendment applies only to state actors."). This argument is unavailing.