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Judge: Ad Restrictions Unconstitutional

By HOPE YEN | Associated Press Writer | NYNewsday.com | June 2, 2004

WASHINGTON -- A judge said Wednesday that a federal law aimed at restricting the display of paid, pro-marijuana ads in buses and subway stations is unconstitutional, improperly infringing on free speech rights.

The ruling by U.S. District Judge Paul Friedman came in a lawsuit challenging the law that cuts off up to $3.1 billion in federal funds to local transit authorities if they display ads promoting the legalization or medical use of marijuana or other drugs.

Fearing a loss of at least $85 million in federal aid, the Washington Metropolitan Area Transit Authority earlier this year declined to run ads submitted by the American Civil Liberties Union and three drug advocacy groups. The groups then filed suit, calling it an unconstitutional restriction.

The Transportation Department, which was named in the lawsuit along with Washington Metro, argued in part that it had a right to enforce the statute because it served to deter illegal activity or a "significant threat to the public welfare."

But Friedman said the law, which took effect in February, represented an unconstitutional exercise of Congress' spending power because it unfairly punished a particular viewpoint.

"Just as Congress could not permit advertisements calling for the recall of a sitting mayor or governor while prohibiting advertisements supporting retention, it cannot prohibit advertisements supporting legalization of a controlled substance while permitting those that support tougher drug sentences," Friedman stated.

[Suetaznote: Way to go judge!]

Graham Boyd, director of the ACLU Drug Policy Litigation Project, said, "The court ruled that Americans have a right to hear the message that marijuana prohibition has been a cruel and expensive failure."

A spokesperson for the Transportation Department did not immediately return a message Wednesday evening.

Washington Metro is the only city transit authority named in the lawsuit, but the groups that filed it said San Francisco and New York could stand to lose at least $100 million and $75 million respectively if they accept paid ads which are seen as promoting marijuana or other drug use.

The advertisement, legal documents and a list of transit authorities affected by the law is online at: ACLU

[Suetaznote: Excellent news! This will set a precedence for future cases and the government doesn't stand a chance against the ACLU on this one.]

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Brother Logos
The more I learn, the less I know. | Truth doesn't change, only our perception of it does.
THC Ministry | The Aquarian Gospel of Jesus the Christ | The Reluctant Messenger of Science and Religion
True religion is real living, living with all one's soul, with all ones goodness and righteousness. --Albert Einstein

 

Higher Self

Mark Souder of OK is probably pretty bummed about now. But, THATS JUST TOO BAD.

Mark, do you see what's happened? This is difficult for you to accept, but America is still a Democracy. Forcing your perpective and using coercion to suppress another's perpsective is wrong, and so are YOU!

The metro authorities oughta start allowing MOVEON.ORG to advertise again. Mark will just have to suffer and be offended on his way to work everyday, and be reminded that his sponsered law was a violation of free speech.

greenbuds

I saw this on the fox news station last night, but only as a caption running along the bottom of the screen. I wish people would realize that this is important enough to be placed in the headline news or front page articles. I give respect to this judge, and I believe this is an important victory. Imagine seeing an ad on the side of a bus or on a billboard. It will get so many more poeple's attention. Most people have no idea about the negative affect of this failed drug war and they really need to know these things so we can make a difference.

solutions

I'm very glad judges feel the rule of law still applies in this so called war. I must say I was shocked and very disappointed when I first heard of this ban. Freedom of speech is sacred. Excellent news indeed.

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3 monkeys sitting under a coconut tree
discussing things as they are set to be
Said one to the other, now listen you two
there's a strange rumor that can't be true
they say man was descended from our noble race
but the very idea is a big disgrace
no monkey ever deserted his wife
or her baby to ruin their lives.
Damian Marley - Educated Fools

SacredJellybean

*clap clap clap clap clap*

 

psthbng

Hazzah Hazzah It's a start

Cassius

yeehaw
/cheer

StewScum

Well, at least the battle has two sides now, before it was just "Weed is baaad", now we may actually have a voice in subway cars everywhere .

Woohoo, score one for constitutional rights.

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Life is like a pot of stew, if you don't stir it up every once and a while, all the scum rises to the top -Still Life with Woodpecker by Tom Robbins.

Arise -SWS-

YAY!!! I'm glad we still have our freedom of speech left... The congressman responsible for the drafting of that law must be red in the face.. Haha

Suetaz

Posted by: Arise -SWS-
Good point! I wonder how Istook is taking the news of this. I doubt he's red in the face though, too much arrogance there to show embarrassment. (He could be red in the face from alcohol consumption. ) He's probably trying to devise some other evil plan to squash the voices of the marijuana movement. This is one fight you're going to LOSE Istook! We will be heard and we will fight for our rights and freedoms!

LEGALIZE MARIJUANA!!!!!!!!!!!

I think this news is worth toking to...

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