I don't know the intricacies of the legal system in the US, but each and every settlement I came across included a clause in which the plaintiff has to shut up.
The alternative would probably be "well of course you can take it to the court, and we may even lose in time, but our war chest is infinitely bigger than yours, and our lawyers on retainer will bleed you into bankruptcy while protracting the case over the years. And here's our best offer. Take it or leave it."
I could probably haggle at the price and duration of my silence.
I would argue it's the court system in the US that needs to change. Right now it serves lawyers first, then corporations with the deepest pockets (and maybe skewing towards their legal departments too). Well, you should have easy time guessing how much incentive there is for changing that, given who gets to write the laws and successfully lobby for them.