Re: [Organizers] kickstart - problem dancers

Mark may be no lawyer, but he's correct that defamation simply isn't an issue here. To sue somebody for defamation (including libel or slander), you have to establish, usually, five things: 1. Some level of intent, depending on jurisdiction (usually negligence) to make 2. a statement to a third party 3. that is false and defamatory 4. about the plaintiff 5. which is either per se actionable (generally only includes a statement that somebody sleeps around, committed a crime, has a "loathsome" disease, or adversely reflecting on somebody's ability to do business) or gave rise to specific other damages. With problem dancers, elements 3 and 5 are missing, since the statements aren't provably false and in any case don't give rise to damages. I think that yes, other area organizers should certainly be informed. There's no reason to let somebody who's a menace to the community simply go from dance to dance. It doesn't hurt anything to at least let other organizers know who the problem dancer is. Whether to ban somebody from a dance is a much different question. I think a good option is to simply approach the individual in question, and mention that there are certain community standards at your dance, and if he wants to dance there he must abide by those standards. That way it's his choice. One issue that came up in some communities discussing this question was whether or not it's appropriate to use somebody's name when discussing such problems. I'm personally a proponent of using the individual's name in email discussions, at dances, or in any other social context. I don't mean to try to publicly shame somebody, of course. However, I think using the person's name helps to create a sense in the community that these are problems with an individual, not general problems with the whole community, and that for the most part, the dance is a welcoming place. Any thoughts? -Dave -Dave On Tue, Nov 24, 2009 at 10:44 PM, Mark Hillegonds <mhillegonds(a)comcast.net>wrote;wrote: -- David Casserly Harvard Law School JD Class of 2011 david.j.casserly(a)gmail.com (cell) 781 258-2761