Negligent hiring and freedom of association]

[Daniel Hoffman]

> What might constitute "foreseeable risk?"
> At one extreme, suppose all D knew was the mere membership of its
> employee E in an organization said to advocate or sympathize with
> certain types of violence, none of which however has yet been acted out
> by any of the members.  In this case, E is clearly exercising a
> fundamental right and D should accomodate this much as it would the free
> exercise of religion.
> At the other extreme, suppose D had specific knowledge of the planning
> of a grave assault on P by E and other group members, but D recklessly
> decided the plot was not serious.  In this case, we have something
> verging on complicity by D in a criminal conspiracy
> The hypotheticals need to be sharpened if one is to locate them on this
> continuum.
>
> Daniel Hoffman
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