Bad, Bad Law

Prohibition Is More Important Than Free Speech
Congress wants to "infringe" on the 1st and 4th amendment

This is "Freedom of Speech"... This is prohibition... This is your "Freedom of Speech" under prohibition. Any Questions?

Short Take: Drug warriors target free speech
Dateline: 5/9/00

Let's say you're a member of Congress, and you're getting frustrated by the endless failures of the holy War on Drugs. Unkind scofflaws flout the rules, organize to end anti-drug efforts, and point out that your favorite crusade is an un-American assault on personal freedom and autonomy. What do you do? Well, how about extending your efforts into an assault on free speech; that'll muzzle those naysayers.

That's the apparent intent behind the "Methamphetamine Anti-Proliferation Act" in both its House and Senate versions. Forget about bans on intoxicants, this law seeks to stifle even talk about intoxicants. As currently written, the bill bans advertising drug paraphernalia or even linking to Web sites that advertise drug paraphernalia (better start checking all of your links on a regular basis unless you want to become a guest of the feds).

The bill also makes it a crime:

to teach or demonstrate the manufacture of a controlled substance, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime; or

`(B) to teach or demonstrate to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of a controlled substance, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime.

Related Articles:

Wired - Bill criminalizes drug links

about.com - Shall make no law

about.com - Search & seizure fever

Libertarian Party - Stop the "Methamphetamine Anti-Proliferation Act" Now!

altLit - Burning Drug Books

The Actual Bills:

House Version

Senate Version

The hit for a violation? Up to TEN YEARS in prison. That's for nothing more that publishing a growing guide or distributing information on sterilizing needles -- activities protected, you'd think, by the First Amendment.

But wait, there's more.

The bill also sneaks in a measure, in what seems like an obscure little clarification that allows the cops to conduct physical searches without notifying the owner of the property or items being searched. Under that provision, you won't even know that somebody's been having his way with your Fourth Amendment rights.

This little joy of a bill has already been passed in somewhat harsher form by unanimous consent of the Senate, and awaits House approval. Unless you want to see the drug cops trawling the Web, you'd better crank up the e-mail and fax machines -- and get ready for some legal battles ahead.

Source: About.com - Civil Liberties