Silencing speech

Prosecutors should not decide what is indecent

At the core of American values rests the freedom to express one's views. The freedom to choose whose expression one wishes to view or hear is just as important. By guaranteeing that government will not interfere with free speech, the U.S. Constitution prevents government agencies from restricting expression of views that are contrary to common taste. Thus, the government should not decide which materials vendors of arts, music or books may sell, even if they get encouragement from private citizens. Since the Constitution protects free expression, bookstores must be allowed to offer their customers any publication, regardless of popular opinion.

This basic foundation of American society must seem foreign to two prosecutors who have decided to file charges against Barnes & Noble bookstore. These accusations point to two photographic collections, "Radiant Identities" by Jock Sturges and "The Age of Innocence" by David Hamilton, as being pornographic. In Alabama, the state attorney general charged the New York-based bookstore chain with 32 counts of selling obscene materials. In Tennessee, a prosecutor obtained an indictment because the books were not wrapped in plastic nor kept five feet off the ground - regulations that apply to adult material. But these charges are not coincidental actions by courtroom mavericks. Leonardo Riggio, chairman and chief executive of Barnes and Noble, has said that at least 25 prosecutors across the country have been approached with complaints against the store for the publications.

Many of these protests and indictments have been organized by conservative political organizations. Randall Terry, a talk show host, has admonished his listeners to call state and federal officials to request action against the bookstore for selling these controversial materials. His followers also claim responsibility for bringing these books to the Tennessee and Alabama prosecutors, resulting in the indictments against the nation's largest bookstore chain. Similar charges have proven unsuccessful because prosecutors are not allowed to determine what constitutes obscene material. Laws against child pornography do not extend to photographs that a certain part of society, no matter how large or vocal, deems inappropriate or even provocative.

It is clear that Terry and other conservative figures have demanded legal action against Barnes & Noble because their political and religious persuasions oppose the content of these books. But trying to restrict a political opponent's expression is an act of censorship. Conservative religious groups have protested outside the bookstore, some going so far as to destroy copies of the books on the shelves. It is perfectly acceptable to protest a bookstore if its materials conflict with one's views. But asking fellow citizens to not buy a publication differs immensely from asking the state to eliminate its sale altogether.

Bringing complaints to a prosecutor assumes that one's ideas overrule every other opinion. Regardless of the protesters' complaints, prosecutors should enforce the law, not their own political crusade. The Constitution is not subservient to political pressures, a characteristic that protects American democracy from the most critical challenges. Additionally, society cannot progress without genuine debate and reflection; censoring the content of public discussion only stifles the nation's improvement.

02-23-98