Bookstore Challenges Kenneth Starr Subpoena

Posted on April 2, 1998

The owners of Kramerbooks & afterwords, a Washington bookstore, announced today that they have filed court papers challenging a subpoena issued by Independent Counsel Kenneth Starr that seeks information about the book purchases of Monica Lewinsky. "The independent counsel's subpoena raises extremely serious questions about the privacy and First Amendment rights of our customers," William J. Kramer, one of the owners of Kramerbooks, said.

The American Booksellers Association and the American Booksellers Foundation for Free Expression expressed strong support for Kramerbooks. "Mr. Starr's subpoena is poisoning the atmosphere in bookstores throughout the country. If the First Amendment means anything, it means we have the right to purchase books without fear that government will inquire into our reading habits," Avin Mark Domnitz, the ABA executive director, said.

Kramer said that his attorneys had notified Starr's office on Tuesday that the bookstore intended to file a motion to quash the subpoena, which required Kramerbooks to turn over all information relating to Lewinsky's purchases by 9:15 a.m. tomorrow. The motion to quash was filed late this afternoon in the U.S. District Court for the District of Columbia.

"Our company policy is plain. We will not turn over any information about our customers' purchases and have not done so in this instance," Kramer said. After educating themselves on the issues raised by the subpoena, Kramer and his partners determined to fight, Kramer said. He added that they deeply appreciate the many offers of support they are receiving from booksellers all over the country.

Christopher Finan, president of the American Booksellers Foundation for Free Expression, said that his group will file an amicus brief in support of Kramerbooks tomorrow morning. The foundation has also promised to help the store raise the funds to pay the legal bills in what is expected to be an expensive fight. Booksellers from all over the country are already calling to volunteer their help, he added. "We are very grateful to ABA, ABFFE and our fellow booksellers," Kramer said.

Booksellers are not the only people who are rallying behind Kramerbooks. Many national trade associations and professional organizations have announced their support for Kramerbooks' decision to challenge the Starr subpoena, including the Association of American Publishers, the American Library Association, the Freedom to Read Foundation, PEN American Center, the International Periodical Distributors Association, the Periodical Wholesalers of North America, the National Association of College Stores, the Publishers Marketing Association and the Periodical and Book Association of America. Most of these groups are members of Media Coalition, a New York trade group that defends the First Amendment rights of producers and distributors of books, magazines, recordings and videos.

Supporters outside the book and magazine industry include the American Civil Liberties Union, the Recording Industry Association of America and the National Association of Recording Merchandisers.