It seems possible to me that the FTX and EV related censorship was justified, though it is hard to tell, given that EV have never really explained their reasons, and I think the policy certainly had very significant costs.
I think it is highly likely that imposing a preclearance requirement on employees was justified. It would be extremely difficult for an attorney to envision everything that an employee might conceivably write and determine without even seeing it whether it would cause problem. Even if the attorney could, they would have to update their view of the universe of possible writings every time the situation materially changed. I just don’t think a system without a preclearance requirement would have been workable.
It’s more likely that some of the responses to proposed writings were more censorious than they should have been. That is really hard to determine, as we’ll likely never know the attorney’s reasoning (which is protected by privilege).
I think it is highly likely that imposing a preclearance requirement on employees was justified. It would be extremely difficult for an attorney to envision everything that an employee might conceivably write and determine without even seeing it whether it would cause problem. Even if the attorney could, they would have to update their view of the universe of possible writings every time the situation materially changed. I just don’t think a system without a preclearance requirement would have been workable.
It’s more likely that some of the responses to proposed writings were more censorious than they should have been. That is really hard to determine, as we’ll likely never know the attorney’s reasoning (which is protected by privilege).