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A Storm Brewing over Free Speech

By Joyce Meskis

[Editor's Note: This article appeared in the Rocky Mountain News on October 30, 2000.]

Bookstores are a barometer of the health of democracy: when booksellers are free to sell the books their customers want, ideas circulate easily and debate flourishes. Unfortunately, the experience of the Tattered Cover over the last year is warning of a storm ahead.

In April, five police officers showed up at my office with a search warrant, demanding to review records of books purchased by one of my customers. Just to be clear, I support our law enforcement officers who give tirelessly of themselves on behalf of our community. One of my favorite relatives is a police investigator whom I respect enormously, and I stand in awe of her capabilities and dedication.

But I saw the search warrant as a challenge to the First Amendment rights of our customers, who don't expect to have their purchases reviewed by the authorities. If they suspect that their reading choices may be made public, they will no longer feel free to buy books that are controversial because of the political views they espouse or because they touch on sensitive subjects like health and sexuality.

A while ago, this search warrant business wasn't so clear in my mind. I can tell you that it is pretty scary when the police show up in your office. Your natural inclination is to get out of their way and give them what they want. But we learned a lot when Independent Counsel Kenneth Starr subpoenaed a Washington bookstore for the records of Monica Lewinsky's book purchase records in 1998. A federal judge in that case ruled that free speech depends upon preserving the privacy of book purchase records. We were also reminded that booksellers have a duty to stand up for the rights of their customers.

That is why the Tattered Cover went to court and obtained a temporary restraining order to block the execution of the search warrant.

I would not be so concerned about the state of the First Amendment if all we were talking about was a warrant to search the Tattered Cover. But I think we are also witnessing a decline in tolerance for dissenting ideas. Recently, a number of Tattered Cover customers protested a book signing at the store by the musician Ted Nugent, who strongly opposes gun control and who made a number of controversial comments about the shootings at Columbine High School.

We refused to cancel the signing because we believe that by offering a diversity of materials and author events without prejudice, we are protecting the rights of each one of us. "Without prejudice" means that we do not let our own bias against an author's work, or the bias of any individual or group, affect a decision as to whether we stock a book or host a signing.

The protestors did not like our answer. Over the years, we have had to say "no" to a number of our customers, who often reply, "This is a business decision on your part. You can choose what books you stock, the authors who come to sign. You don't have to have this one! You're only in it for the money!" If only these folks knew that when we have a controversial author, the greater likelihood is that the dollars roll out-permanently. Offended customers go away.

Increasingly, I wonder whether the Tattered Cover will be able to continue to offer the variety of books and authors that provide the debate that we will always need to help us govern ourselves. I worry about my business and about heavy weather ahead for democracy. 

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