Pubdate: Wed, 10 Apr 2002 Source: Fort Collins Coloradoan (CO) Copyright: 2002 the Coloradoan Contact: http://www.coloradoan.com/ Details: http://www.mapinc.org/media/1580 TATTERED COVER RULING PRESERVES READERS' RIGHTS Reading A Book, No Matter The Subject, Is Not A Crime What you read is nobody's business, especially the government's. That's the gist of the Colorado Supreme Court's ruling Monday that the Tattered Covered bookstore in Denver does not have to turn over its sales records to law enforcement officers in pursuit of the makers of illegal drugs. The decision stated that the Colorado Constitution and the First Amendment protect the right of people to purchase books -- and by extension explore the ideas and opinions within them -- anonymously and without fear of governmental monitoring or interference. The ruling is a victory for the bookstore, but also for the First Amendment and privacy. It proves that we do not have to sign away our right to be left alone, even in these days of heightened security and worry about crime and terror, just because a government agency thinks we might be up to something. It also proves that the arena of ideas is open and free. The government may not monitor nor block the exchange of information nor the expression of opinion in reading material. In this case, the North Metro Drug Task Force wanted to see the Tattered Cover's sales records in hopes of finding who bought a pair of books on how to manufacture methamphetamine. An envelope from the popular store was found at the site of a meth lab in Adams County, as were the books. Police wanted to figure out who built the lab based on who bought the books. With search warrant in hand, they went to the Tattered Cover, assuming that's where the books came from. But the Tattered Cover balked at opening its records to the police, knowing that customers expect and deserve privacy when it comes to book purchases and their choice of reading material. And so began a celebrated court test that ended Monday with the court ruling in favor of the bookstore. The drug task force had other sources of evidence to nail down who built and used the lab, the court ruled. Searching for clues at the bookstore was a reach, at least in this case. But law enforcement was not entirely shut out in the decision. The court left the door open for police agencies to seek access to bookstore sales records if they can prove a compelling reason for getting those records. A hearing would be required before a search warrant could be issued and law enforcement would have to prove its case. The bookseller would have a voice in the hearing. A process was established, and basic right preserved. Americans may read books on any subject -- even something as reprehensible as how to build a drug lab and make methamphetamine -- because that is their right. If someone chooses to follow through and build a drug lab and manufacture meth, that's a problem. That is illegal, dangerous and stupid. That is something about which law enforcement can do something. That is criminal behavior. Reading a book about it is not. - --- MAP posted-by: Ariel