Redgrave v. Boston Symphony Orchestra, Inc.

855 F.2d 888 (1st Cir. 1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Boston Symphony Orchestra (D) hired Redgrave (P) to narrate Oedipus Rex in a series of concerts in New York and Boston. When the engagement was announced, D got calls from its subscribers and from community members protesting the engagement because of P’s political support for the PLO and because of her views regarding Israel. D then canceled its contract with P and its performances of Oedipus Rex. P sued D for a breach of contract under the Massachusetts Civil Rights Act. D argued that it has rightfully canceled the contract as a result of a cause beyond its reasonable control. D also testified that it has not canceled the performances to punish P for her speech but because of the potential disruption that was present by the severe community reaction and the possibility for physical violence. After a 16-day trial, the jury found that D wrongfully breached its contract with P. The jury awarded P her performance fee of $27,500. The jury also found that the cancellation damaged P’s career and awarded her $100,000 in consequential damages. The court overturned the consequential damages award on grounds that the award implicated First Amendment rights and P had not met the strict standards required by the First Amendment for recovery of damages. P claimed that because D canceled based on pressure from third parties that such acquiescence made D liable under the Civil Rights Act. The district court concluded that acquiescence unaccompanied by express personal disagreement with P could not amount to threats, intimidation, or coercion needed to establish a claim under the Act. P appealed. D cross-appealed arguing that even if the First Amendment should be found inapplicable to the consequential damages claim, the evidence of those damages was insufficient to support the verdict.