What Counts as a Bestseller? - Public Books

In 1983, William Blatty-author of The Exorcist-sued the New York Times.1 His lawsuit alleged that the Times had incorrectly excluded his latest novel, Legion (a sequel to The Exorcist), from its bestseller list-the coveted ranking that purports to show the books that have sold the most copies that week in the United States. According to Blatty's lawyers, Legion had sold enough copies to warrant a spot on the list, so its absence was due to negligence or fraud, for which Blatty was entitled to compensation. The Times countered with what might sound like a surprising admission: the bestseller list is not mathematically objective; it is editorial content, which is protected by the First Amendment. The court ruled in favor of the New York Times.