The fundamental question

On April 20, 1998, the United States Supreme Court refused without comment to hear an appeal filed by Paladin Press in the Hit Man lawsuit, opening the way for a possible civil jury trial in federal district court in Maryland. In a legal pleading known as a petition for a writ of certiorari, Paladin sought to reverse the ruling of the U.S. Court of Appeals for the Fourth Circuit, which found that the book Hit Man: A Technical Manual for Independent Contractors enjoyed no First Amendment protection because, in that court’s opinion (based in part on the stipulations of the parties), a jury could find that the book’s content amounted to the aiding and abetting of criminal conduct. The Fourth Circuit’s decision itself reversed an earlier District Court ruling that threw out the case on First Amendment grounds, finding the book was protected speech because it did not constitute incitement of imminent lawless action.¾ can a book make somebody do something illegal he wouldn’t otherwise do? ¾ is at the heart of this case. If the decision is ultimately allowed to stand, a new category of unprotected speech will be added to the narrow list ¾ including libel, defamation, and obscenity ¾ previously set forth by Supreme Court case law.

The Supreme Court’s refusal to hear arguments in the ground-breaking free speech case was disappointing but not surprising to Paladin and its attorneys. Due to the crowded docket before it, the Court does not ordinarily hear civil cases before they’ve gone to trial. The ruling does not, however, preclude a review at a later date.

For the first time in the history of the United States, a court has ruled that a book, available to the general public in bookstores and libraries across the country, enjoys no protection under the First Amendment of the U.S. Constitution from liability for damages caused by one of its readers. The fundamental question

The implications of such a ruling are obvious. Publishers of graphic true crime accounts and criminal techniques, including crime-avoidance techniques, will be fair game for predatory lawyers if a reader follows the text’s "instructions" to commit a crime. Incendiary revolutionary rhetoric from the 1760s to the 1960s and beyond, once proudly and uniquely protected by the U.S. Constitution, will similarly be threatened. The plaintiff’s lawyers in this case steadfastly claim that the ruling will not extend beyond Paladin Press, but the fact is whenever laws are established that curtail once-cherished individual liberties, unintended consequences inevitably follow. RICO statutes, for example, were originally devised to bring organized criminals and racketeers to justice. Today they are being used to muzzle political protesters of all stripes.

The Hit Man case is unique and one of the most important First Amendment cases in American legal history. After the district judge rules on the next round of motions to dismiss the case or a jury trial, the appeals process will in all probability lead back to the Supreme Court, regardless of which side wins at the trial court. This process will likely take years, and it will be an expensive battle.

Once again, we thank those of you who have generously contributed to the Paladin Legal Defense Fund. It is still open for contributions at the following address:

 

• The book was first published in 1983. Prior to the lawsuit filed in 1995, 13,000 copies had been sold. Besides being enjoyed by readers of true crime, it has been recommended reading by mystery writers and law-enforcement personnel.

   

   

• According to the suit, career criminal and convicted felon James Perry entered into a conspiracy with Lawrence Horn to kill Horn’s ex-wife and son so that Horn could inherit his son’s medical malpractice settlement. With this pre-existing plan in place, Perry allegedly purchased and read Hit Man in 1992. More than a year later, Perry committed the murders and also killed the duty nurse who was attending the boy.

   

   

• Beyond filling Perry’s mail order for the book, Paladin had no contact with him and none at all with Lawrence Horn. Paladin had no knowledge of Perry’s conspiracy with Horn, that the two men were planning to commit a crime, or that they intended to kill anyone.

   

   

• Perry has been convicted of murder and is on death row. Horn was also convicted and is serving life without parole.

   

Questions and comments for Paladin Press publisher Peder Lund should be directed to: e-mail service@paladin-press.com

 

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