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I had kind of a related HN thread recently talking about how some contractual provisions can sometimes be unenforceable in courts because the court concludes that they are against public policy. A contractual promise not to testify in court is an example; you will not be able to sue someone who promises not to testify against you and then does so.

I'm don't think that that's the end of the analysis for the interaction between contracts and the third party doctrine, though. But I don't know enough to speculate.




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