Pubdate: Wed, 10 Apr 2002
Source: Fort Morgan Times, The (CO)
Copyright: 2002 The Fort Morgan Times
Contact: http://www.fortmorgantimes.com/Stories/0,1002,8356,00.html
Website: http://www.fortmorgantimes.com/
Details: http://www.mapinc.org/media/2115

A VICTORY FOR FREE SPEECH

Call it a victory for the First Amendment. Call it a victory for bookstores 
and libraries.

But most importantly, call it a victory for the people and the assurance of 
their freedom to read what they want without concern that Big Brother or 
Big Government is watching over their shoulders.

The victory came in the Colorado Supreme Court's ruling Monday that the 
Tattered Cover Book Store in Denver does not have to turn over sales 
records to a police agency to aid in a drug investigation.

The thrust of the ruling is that the U.S. and Colorado Constitutions 
protect an individual's fundamental right to purchase books anonymously.

As stated in the 6-0 high court ruling, Justice Michael Bender wrote, 
"Bookstores are places where a citizen can explore ideas, receive 
information and discover the myriad perspectives on every topic imaginable. 
When a person buys a book at a book store, he engages in activity protected 
by the First Amendment because he is exercising his right to read and 
receive ideas and information."

This was a fundamental ruling that is certain to be used in future cases 
throughout the nation where incursions into one of the people's most dear 
freedoms, that of freedom of speech, are attempted. It will be cited and 
certainly used as a guideline as attempts are made to find out who reads or 
orders certain books as a result of the Patriot Act which has a provision 
that will likely raise such issues.

Joyce Meskis, owner of the Tattered Cover, was quoted in The Denver Post as 
saying the decision is a victory for both readers and book purchasers in 
Colorado and also will serve as "an important precedent for readers, 
bookstores and library patrons throughout the country." They can now look 
to Colorado law for "guidance when the First Amendment rights of readers 
collide with the desires of enforcement."

Bender pointed out in the opinion that the First Amendment goes beyond 
protecting just the right to speak freely. It also protects a wide spectrum 
of activities, including the right to distribute and sell expressive 
materials and the right to receive information, he added.

He continued that without the right to receive information and ideas, the 
protection of free speech would be meaningless.

It is indeed a landmark decision and one that will help shore up what has 
become, at various times, a shaky freedom assaulted from various arenas. In 
Colorado, the foundation of this very fundamental freedom has been 
bolstered with the Supreme Court's ruling, and the decision will prove to 
add to the bulwark of protection of free speech when attempts -- conscious 
attempts or subconscious ones -- are made to diminish it in the future.

It was a wise decision and one made stronger by the fact there was no 
dissent among the high court justices.
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MAP posted-by: Terry Liittschwager