You could also sign an NDA. And then you'd be bound by that NDA to not disclose the information it is protecting. Should penalties from that should also be non-enforceable because it would limit what you can say?

Sure. Was that what happened here, or was it an everyday contract to enforce confidentiality in return for some benefit?

If people are being forced to sign anti-disparagement agreements “everyday”, I think that is pretty concerning.

She was forced to sign it?

Hard to know. If she did not sign it was she waiving her severance package? Perhaps she signed it believing it was unenforceable.

I suppose when one side has lawyers, we all need them now?