Question
Imagine that you are the manager of a radio station. A 15 year-old Pop Star who recently visited the station complained that one of your
Imagine that you are the manager of a radio station. A 15 year-old Pop Star who recently visited the station complained that one of your DJ's touched her inappropriately during a recent studio visit. As the artist was leaving the studio, she slipped on a patch of black ice on the sidewalk and broke her wrist. She was so angry that the sidewalk hadn't been cleared (especially considering it had not snowed in three days) that she is now refusing to participate in a concert series hosted by the radio station, despite having verbally agreed to perform.
The Pop Star's fans, including one radio station employee, begin to protest your radio building. They stand on the sidewalk holding signs depicting various curse words around a photo of the DJ.
The radio station fires the DJ. When called for a reference, an HR person says that the DJ had been "fired from every job he ever had for sexual misconduct." This statement is not true.
The CEO of the station asks you for advice about the numerous legal issues involved. She specifically wants you to answer the following questions:
- Is the radio station liable for the DJ's alleged torts under the theory ofrespondeat superior?
- The Pop Star is threatening to sue the radio station for negligence in clearing the sidewalk. What elements of negligence would she have to prove? Do you believe the radio station liable for negligence? Would your answer change if it had just started snowing right before the pop artist left the studio?
- The radio station has called the police to have the protestors removed. What constitutional right to the fans have to protest? May the government remove them considering their signs may be seen as "obscene"?
- Can you hold the pop star liable for specific performance of her verbal agreement and force her to perform at the concert series? Are there any other damages available to the radio station? Or does the Pop Star have any defense based on her capacity at the time she agreed to perform?
- May the radio station fire the employee who is protesting against the radio station? Would your answer change if there were two or more employees?
- Does the DJ have a claim for defamation?
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