The theory would be simple: since the museum did nothing to stop the slander
and allowed its program to be used as a conduit for it, the museum is
responsible because, they in fact, helped perpetuate the slander (without
the program in question those particular folks who were told would be
unlikely to know the slander).  Furthermore, civil suits do not require the
"reasonable doubt" standard but the easier "preponderance of the evidence"
standard. Plaintiff may not win on this theory, but could cause much damage.
In addition, if the possible plaintiff's attorney is working on contingency
basis it costs the plaintiff very little.
Cheers, --Nicholas

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf
Of Jay Heuman
Sent: Friday, June 18, 2004 3:26 PM
To: [log in to unmask]
Subject: Re: Yet another strange situation

Greetings:

I'm not a lawyer and advise contacting one.  Use nobody's name with
anyone except legal counsel and police.

Civil suits for defamation are against the slanderer (second-party),
defined as s/he who allegedly communicated a falsehood about the
first-party to a third-party (one or multiple).  Extraneous parties --
in this case, the museum -- neither originated nor perpetuated the
alleged slander and, hence, might be included in legal action to no
avail.  (A by-stander to slander cannot be implicated in slander.)  Of
course, the alleged slanderer's defense could well be "opinion" . . .
that his/her statements represent only "opinion," and were not presented
as "fact."

[Would that someone had a tape recording of the alleged slander, it
would likely clear up the matter entirely.]

Of course. the museum might well have a case against the alleged
slandered, if the museum is forced to cancel the program.  The alleged
falsehood, if spoken out of malice, will have forced the cancellation,
hence causing damage to the Museum.

Complicated issue, eh?  Hence, se my first sentence: "I'm not a lawyer
and advise contacting one."  LOL!

Back to my research and grant writing in the basement of the museum . .
.

Sincerely,

Jay Heuman
Curator of Education
Nora Eccles Harrison Museum of Art
Utah State University
4020 Old Main Hill
Logan, UT     84322-4020
t 435.797.0165 | f 435.797.3423

Education costs money, but then so does ignorance.
Sir Charles Moser, b. 1922

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