cannabisnews.com: Judge: Ad Restrictions Unconstitutional Judge: Ad Restrictions Unconstitutional Posted by CN Staff on June 02, 2004 at 17:58:45 PT By Hope Yen, The Associated Press Source: Associated Press 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.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.On The Net: American Civil Liberties Union: http://www.aclu.org/ Source: Associated Press Author: Hope Yen, The Associated PressPublished: June 02, 2004Copyright: 2004 The Associated Press Related Articles & Web Sites:ACLUhttp://www.aclu.org/Change The Climatehttp://www.changetheclimate.org/Metro's Pro-Pot Ads Get Attention On Hillhttp://cannabisnews.com/news/thread17895.shtmlPro-Marijuana Group Given Free Ad Space http://cannabisnews.com/news/thread17782.shtmlPanel Asks Metro To Cut Free Public Adshttp://cannabisnews.com/news/thread17702.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by Dankhank on June 03, 2004 at 07:58:46 PT Yippie ki yi A ........... Living in the state where the idiot Istook came from, it is with unbridaled glee I view this most happy event.It surely is 420 somewhere, now, if not, I declare it: 4 2 0.Join with me in happily applauding this most needed of spankings to one of the most viciously compassionate conservatives in the Senate. Rot in a dark place Ernie, you earned it ... Resist [ Post Comment ] Comment #6 posted by FoM on June 02, 2004 at 19:08:58 PT People are Individuals and Unique Bob Dylan said everyone must get stoned. I won't go that far but I don't believe Cannabis prohibition benefits society by denying an individual an opportunity to think outside the box. Would the world be a better place without Sir Paul McCartney and the Beatles? Did John Lennon's music hurt us or make us feel better? By trying to stop the reforming of laws against Cannabis we are stifling special creative people from making our lives more meaningful I believe."A song like 'Got to Get You Into My Life,' that's directly about pot, although everyone missed it at the time," Sir Paul McCartney said.Sir Paul McCartney said: But he said he was flattered when he was recently invited by a group of Los Angeles teenagers to share their marijuana. "To me, it's a huge compliment that a bunch of kids think I might be up to smoke a bit of dope with them." http://www.cannabisnews.com/news/thread18936.shtml [ Post Comment ] Comment #5 posted by kaptinemo on June 02, 2004 at 18:53:06 PT: Isn't it strange? Isn't it strange that those who are ostensibly charged with protecting freedom are so feverishly engaged in throttling it, while those who are supposed to be such terrible threats to the common weal that their voices must be publicly silenced are struggling so hard to maintain those freedoms?Isn't it strange that those whom society is told to look down upon, castigate, marginalize and occasionally kill...are so concerned with its' welfare?Think about it, friends, think about it. We who society scorns because of our choices...are struggling to maintain society's rights, while it uses all it's powers to deny us ours. And in doing so, commit suicide. [ Post Comment ] Comment #4 posted by OverwhelmSam on June 02, 2004 at 18:49:40 PT Woo Hoo! Kick'em where it hurts. Woo Hoo! Wonder if this will go to the supreme court too. [ Post Comment ] Comment #3 posted by mayan on June 02, 2004 at 18:40:52 PT "Public Welfare" 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."A "significant threat to the public welfare"??? Yeah, like the trampling of The Constitution? Freedom wins another round! [ Post Comment ] Comment #2 posted by VitaminT on June 02, 2004 at 18:07:03 PT 3 cheers! It's turning out to be a pretty good week! [ Post Comment ] Comment #1 posted by FoM on June 02, 2004 at 18:00:58 PT Good News Somedays I feel like we are winning and today is one of them! [ Post Comment ] Post Comment