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TATTERED COVER, INC. v. CITY OF THORNTON

No. 01SA205.

44 P.3d 1044 (2002)

TATTERED COVER, INC., d/b/a the Tattered Cover Bookstore, Plaintiff-Appellant, v. The CITY OF THORNTON; and Thornton Police Officer Randy Goin, in his official capacity, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 29, 2002.

Attorney(s) appearing for the Case

Recht & Kornfeld, P.C., Daniel N. Recht, Richard K. Kornfeld, Denver, Colorado, Attorneys for Plaintiff-Appellant.

Nathan, Bremer, Dumm & Myers, P.C., J. Andrew Nathan, Paige K. Hogan, Allyson C. Hodges, Denver, Colorado, Attorneys for Defendants-Appellees.

Faegre and Benson, LLP, Thomas B. Kelley, Steven D. Zansberg, Denver, Colorado, Attorneys for Amici Curiae American Booksellers Foundation for Free Expression, Mountain and Plains Booksellers Association, American Library Association, Freedom to Read Foundation, The Association of American Publishers, The International Periodical Distributors Association, The Periodical and Book Association of America, Inc., The Publishers Marketing Association, Pen American Center, American Society of Journalists and Authors, Colorado Freedom of Information Council, Thomas Jefferson Center for Freedom of Expression, National Coalition Against Censorship, and Feminists for Free Expression.

Holland & Hart LLP, A. Bruce Jones, Susannah W. Pollvogt, Nicholas M. Billings, ACLU Foundation of Colorado, Mark Silverstein, Denver, Colorado, Attorneys for Amicus Curiae American Civil Liberties Union of Colorado.

Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

With this case, we recognize that both the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution protect an individual's fundamental right to purchase books anonymously, free from governmental interference. Law enforcement officials implicate this right when they seek judicial approval of a search warrant authorizing seizure of customer...

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