From: Tim May <tcmay@got.net>
Date: Tue, 2 Dec 1997 01:45:38 +0800
To: Duncan Frissell <cypherpunks@cyberpass.net
Subject: Re: RICE v PALADIN ENTERPRISES
In-Reply-To: <199711132216.QAA07981@dfw-ix2.ix.netcom.com>
Message-ID: <v0310280bb0a8936d7a50@[207.167.93.63]>
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At 9:28 AM -0700 12/1/97, Duncan Frissell wrote:

>The RICE v PALADIN ENTERPRISES decision is up (or part of it anyway):
>
>http://caselaw.findlaw.com/data2/circs/4th/962412p.html

>Certainly, such a conclusion would be reasonable based upon this promotional
>description coupled with the singular character of Hit Man, which is so
>narrowly focused in its subject matter and presenta- tion as to be
>effectively targeted exclusively to criminals. In other words, despite the
>fact that Paladin may technically offer the book for sale to all comers, we
>are satisfied that a jury could, based upon Hit Man's seemingly exclusive
>purpose to assist murderers in the com- mission of murder, reasonably
>conclude that Paladin essentially dis- tributed Hit Man only to murderers and
>would-be murderers -- that its conduct was not, at least in law, different
>from that of a publisher (or anyone else) who delivered Hit Man to a specific
>person or group of persons whom the publisher knew to be interested in
>murder.

Perhaps this is the case. So?

The publishers of the Hemlock Society books on suicide are obviously
targetting their books to would-be suicides. So?

The publishers of books about marijuana cultivation are obvious targetting
their books to would-be marijuan cultivators. So?

The list is long of books and pamphlets which are targetted almost solely
to would-be perpetrators of activities deemed illegal. Beer production
(violates various laws in most states), smuggling, perhaps even crypto
(soon).

The judges here in this case have no understanding of why the First
Amendment was clear about "Congress shall make no law..." Imagine that the
Founders had inserted language along the lines of "...unless the books and
speech may be used to assist in the commission of crimes or may be harmful
to children and other incapables."

That would have ended the publishing of a vast number of books.

I realize that the case here is not about prior restraint, but about civil
damages. But, as I have pointed out here recently, even civil damages cases
rest on "matters of law." Alice cannot sue Bob for damages done to her by,
for example, Bob's opening of a rival store in her small town...even if it
"forced" her into bankruptcy. Why? Becuase on a matter of law, Bob was
committing no crime.

(I'm not a lawyer, and some of you are. I'm just pointing this out to some
list members who may have fallen for the popular misconception that "anyone
can sue." Indeed, anyone may file a lawsuit. This doesn't mean it'll ever
reach trial. Naturally, I support "loser pays" rules to cut down on the
number of frivolous lawsuits.)


>A conclusion that Paladin directed Hit Man to a discrete group rather than to
>the public at large would be supported, even if not established, by the
>evidence that Hit Man is not generally available or sold to the public from
>the bookshelves of local bookstores, but, rather, is obtainable as a
>practical matter only by catalogue. Paladin Press is a mail order company,
>and for the most part does not sell books through retail outlets. In order to
>procure a copy of Hit Man,

 Utter bullshit.

A store in Santa Cruz which caters to the piercing and fetish crowd,
"Annubis Warpus," had a whole series of Paladin Press books. I recall
seeing "Hit Man," a fairly thin paperback (as most Paladin and Delta Press
books are).

As to why Barnes and Noble and Borders and Crown Books don't carry these
books. Think: political correctness.

And I've seen many, many Paladin books for sale at gun shows. I've even
bought some. (Always better to pay with cash than to mail-order these
books, as I expect someday the lists of purchasers of some of these books
will be turned over to the Thought Police.)

Blaming Paladin because some wimp-simp book buyer for Barnes and Noble said
"ick!" when she saw the Paladin catalog is absurd.

These judges need to be taught a lesson in what a free press is all about.

--Tim May


The Feds have shown their hand: they want a ban on domestic cryptography
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^2,976,221   | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."