What an honor for Professor De Witt (no relation to my handle).

My handle notwithstanding, I'm smart enough to not take legal advice from HN but nonetheless I cannot stop myself hence the rhetorical question: how is a EULA clause like that even enforceable? If this isn't going against freedom of speech then this surely it's against some consumer protection laws?

The cynical answer to that I guess is "a lot of money funding a legal team the size of a warlord's militia" and also "lobbying" but even then it doesn't track to me that this clause could have even that much of an effect as a scare tactic?