Forwarded message:

From: "networks@vir.com" <networks@vir.com> Date: Thu, 7 Nov 1996 15:15:38 -0500

It seems that, like a bookstore, the cypherpunks mailing list has the right to choose the content it distributes and who it distributes the content to.

Actualy bookstores distribute the books they are under contract to distribute via the publishers they have contracts with. An easy way to tell if a bookstore is a reasonable distributor and one with some level of ethics is to ask if they participate in the yearly banned books week. If they don't I would suggest you go elsewhere. Businesses in general are not allowed to prohibit patrons based on their belief, speech, or action unless it can be shown to pose some threat to the operation of the business or they post said policy in a public place where patrons can see it. An example may be in order. Here in Austin, TX. we have a problem with bums and kids who are homeless. They urinate on the walls and commit various other acts that are not acceptable to the community at large. In order to do anything about these people on public property the city HAD to pass two laws. These two laws are that it is now unlawful to camp overnite on public property. In effect you cannot reside on public property in Austin, TX between midnite and 6am. The other law was that it is now a crime in Austin, TX to emit a 'objectionable odor in public'. Strictly interpreted if you are in a city park at 12:01AM or before 6:00AM you can be arrested. Also, if you were to emit a fart outside your personal property you can be arrested. (Note that these laws have not resolved the indigent problems we have here) In short without this law (ie contract) it was not possible for the city or private businesses to do anything about this.

Bookstores are free to select what titles they offer for sale, and can even refuse to sell a book to a particularly annoying customer if they so choose (my legal knowledge is lacking, but I think this is correct).

Irrelevant. The point is that bookstores are not legaly responsible for the contents of those books except in very special cases. The distributors or publishers are responsible. This list qualifies as a publisher so long as it retains editorial control of content of submissions prior to distribution. If they have no editorial control then they are in the situation of a bookstore which is protected from legal action on the contents of the books they carry except under special conditions. The action taken by the list operator explicity acts as an example of that editorial control.

To extend the analogy, what has happened in this particular case is that Dr. Vulis is now forced to buy all his books by mail order :)

What has happened here is that a member of a community has been expunged based on their beliefs. Not on any particular action they took which posed any sort of threat to that community. Jim Choate