Wait you can legally ban someone from saying negative things? How does this work with the first amendment?
The first amendment protects from U.S. government censorship (with exceptions for national security and commission of otherwise illegal acts, such as child molestation, fraud, or yelling fire in a crowded theater). The suppression here is a civil matter in which the author signed a contract not to "disparage" and would suffer civil penalties (monetary, other negotiated constraints) for violating the contract.
Money. You can break any rule with money.