During Tuesday’s U.S. Senate hearing on the agreed partnership between the PGA Tour and Saudi Arabia’s Public Investment Fund — the operator of LIV Golf — Sen. Richard Blumenthal (D-CT) took issue with the agreement’s non-disparagement clause.
Non-disparagement clauses prohibit employees from saying anything negative about a company. Because several high-profile members of the PGA Tour — including golfer Rory McIlroy and Tour Commissioner Jay Monahan — have called out the Saudis for their human rights issues, Blumenthal was concerned that those criticisms would be silenced should the agreement be finalized.
“Are you bound by the non-disparagement clause that is very specifically stated in the agreement?” he asked PGA Tour Chief Operating Officer Ron Price.
Price said they aren’t bound “in this form” and clarified that such clauses are common in most business dealings. Blumenthal then turned to Jimmy Dunne, a member of the Tour’s policy board who played a major role in the agreement.
When Dunne didn’t give a direct answer, Blumental pressed them to give a commitment that no one will be barred from criticizing the Saudis.
“I would like to have a commitment from both of you that the final agreement will not prevent players or PGA Tour executives from commenting on or criticizing actions of the Kingdom of Saudi Arabia,” he said. “Will you make that commitment?”
Price stressed that they already have freedom.
“It would certainly be an objective we would seek, Senator,” he said, “and, I would add that the framework agreement does not prevent our players from speaking their mind on any matters. They’re open.”
Blumenthal’s rebuttal was that things could change between now and the final agreement.
“It doesn’t now, but you can’t commit that the final agreement will not require them to avoid any such disparaging statements?” Blumenthal said.
“We do not anticipate it having that,” Price said of the agreement.
“Will you commit that it won’t have that?” Blumenthal fired back. “That you will not agree to it if it does?”
Price claimed that he “wouldn’t recommend it to the policy board for approval” if such a restriction were in place.
Dunne reiterated Price’s point, stating the board would take Blumenthal’s concerns into consideration.
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