This section contains the nature of the case and procedural background.

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.

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