We're talking about whether people should be permitted to sign away their right to speech. I think you've conceded that such is permissible at least for a limited duration. Shall we quibble the permissible durations, or are you done?
Sure; we have to resolve conflicts between two sets of people with rights sometimes. The inalienable right to free speech doesn't extend to defamation and fraud; the inalienable right to freedom of movement doesn't apply to jailed murderers.
Unconscionability is a bit like obscenity; hard to perfectly define, but sometimes quite clear.
Those are not inalienable rights either, they're legal rights. Here, courtesy of Cornell law:
"An inalienable right is a fundamental entitlement inherent to every person that cannot be sold, transferred, or taken away by the government. These rights, often called natural rights are considered essential, cannot be surrendered by the individual, and are not dependent on laws."
Just Google "is x an inalienable right" next time.
> You asserted that free speech was an inaliable right, they provided an example showing it's not.
No.
"Inalienable right", like the "right to bear arms", has never meant you get to do anything with it. Free speech doesn't extend to defamation; free expression doesn't extend to murder; freedom of the press doesn't extend to sneaking into the CIA's archives, freedom of movement doesn't apply to jails.
I'm of the opinion that arbitration clauses and non-disparagement agreements of the scope involved in this particular case are unconsionable, because they unreasonably infringe upon such inalienable rights.
(I don't agree - re-read my wording carefully - but some certainly take that position. My point: those who do still tend to take the "but there are limits!" position on, say, home-brewed nukes.)
In each case, though - constitutional right, human right, inalienable right, natural right - the fundamental concept of "sometimes two people have rights that conflict, and society has to resolve this" applies.
That's not how this works.