Join NCAC Now

» art» media» literature» science» internet» education» entertainment

EXPRESS YOURSELF!


 in support of free expression



The information presented here by the National Coalition Against Censorship (NCAC) may be freely redistributed in its entirety, provided that readers are informed that the information was obtained from NCAC's World Wide Web site and that credit is given to the appropriate source of whatever information is used. Permission is expressly granted for the information obtained to be made available for file transfer from installations offering unrestricted anonymous file transfer on the Internet. Information found here may not be sold for profit or incorporated in commercial documents without the written permission from the National Coalition Against Censorship.

©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design

free speech first amendment censorship

 
CASE NAME: Redgrave v. Boston Symphony Orchestra
CITATION: 855 F.2d 888 (1st Cir.1988)
Topics: Content/Viewpoint Neutrality; Contracts

The actress Vanessa Redgrave brought suit against the Boston Symphony Orchestra (BSO) for canceling a contract for her appearance as narrator in a performance of Stravinsky's "Oedipus Rex." BSO cancelled the performance in response to public protest over Redgrave's participation because of her support of the Palestine Liberation Organization. Redgrave sought recovery for:

Breach of contract for the cancellation of her performance; and
Violation of her civil rights under The Massachusetts Civil Rights Act (MCRA).

On the breach of contract claim, Redgrave was ultimately rewarded damages in the amount of her stipulated performance fee plus damages for loss of future professional opportunities by potential employers.


However, Redgrave did not prevail on the MCRA claim. The MCRA provides for a private right of action against any person who interferes by “threats, intimidation or coercion” with the exercise of another person’s rights secured by the constitution United States. (See Mass. Gen. Laws Ann. ch. 12, § 11H (1984)). The court ruled that the BSO’s cancellation of the concert was itself an exercise of free speech. Namely, the right to be free from compelled expression.

The Court noted that the MCRA is an unusual statute because it creates a private cause of action for the suppression of speech by one private individual or entity of another, whereas the right to free speech traditionally applies only in relation to state action.

These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

Action Alerts

» National

» Eastern

» Central

» Mountain

» Pacific


» email alert sign-up


» report censorship!