Fence Sitter wrote:My point was to defend Bill's decision to record and publish his court in spite of signing a NDA. A belief I still stand by.
I don't see that it needs any defense here.
If it's a legal question, it's probably too technical an issue to even bother discussing for non-lawyers (like myself) and would have to be about procedures, precedents, and statutes.
If it's a question of perception—that is, if it's a political question—then there is something to the argument that it makes ex-Mormons look duplicitous. Oh well. Certain kinds of Mormons are going to think that anyway.
If it's an ethical question involving the two parties, which is what the discussion has so far been assuming, to my mind the recording would have to violate some ethical end that the NDA was meant to serve. NDAs are not legal instruments for maintaining an ethical principle or advancing an ethical goal, though—quite the opposite!—and they appeal to fear or self-interest, not ethics, for their force. So I don't see why violating them is an ethical question between two parties, even if it is a legal and political one. The church was going to do whatever it wanted and did not make a decision to move one way or another based on some good-faith promise from Bill Reel, nor did they promise him anything real in return, like money in exchange for his non-recording. The NDA was just a tactic to compel what they wanted by appealing to his fears of some kind of legal action against him. Why should he feel ethically bound, while under threat, to respect their wishes to avoid looking stupid and vicious? To my simple my mind, it's pretty simple: if X is about to beat you up and, in exchange for a promise from you to keep quiet, X promises not to beat you up as vigorously as X otherwise would, this isn't really a question of whether or not you were being honest when you go tell A, B, and C that X beat you up.
So it's not a question of ethics either as I see it. Maybe it's just a question of taste and tactics, and on that reasonable people can reasonably disagree.