Publisher Puts Disclaimer on Copies of Constitution

By Susan Brinkmann, OCDS
Staff Journalist

A publishing company has sparked a national controversy after putting a disclaimer on copies of the U.S. Constitution, the Declaration of Independence and other historical documents which warns readers that the writings are a product of their time and do not reflect the same values they would if written today.

Fox News is reporting that Wilder Publications is including the disclaimer on reprints of the Constitution, the Declaration of Independence, the Federalist Papers, the Articles of Confederation and Thomas Paine’s Common Sense. It warns parents that they “might wish to discuss with their children how views on race, gender, sexuality, ethnicity, and interpersonal relations have changed since this book was written before allowing them to read this classic work.”

Amazon customer reviews of these Wilder publications show an overwhelming number of people decrying the disclaimer, calling it “insulting,” “sickening,” and “frankly, horrifying,” Fox reports. One reviewer was incensed enough to call for a boycott of the publisher.

Constitutional attorney Noel Francisco said that while publishers will often post a warning label to protect themselves from potential lawsuits, no such legal benefit applies in this case.

“Would it ever be a legal concern that selling the Constitution would expose you to some kind of liability? No. Never,” Francisco said. “The Constitution is the founding document of the country, an operative legal document.”

He added: “By putting on the warning, you’re making controversial something that’s not controversial: our Constitution, our Declaration of Independence,” he said.

All efforts to reach the publisher have thus far been unsuccessful.

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