JUST SAY NOTHING

A Pernicious Federal Bill Would Make Free Speech The Latest Casualty In Our
Phony War On Drugs

WARNING: the editorial you are about to read would be illegal if Senators
Dianne Feinstein (D-California) and Orrin Hatch (R-Utah) had their way.

A little more than a month ago, Feinstein and Hatch unveiled the
Methamphetamine Anti-Proliferation Act of 1999. Now, methamphetamine is
very bad stuff indeed, and certainly no one wants it to proliferate. But
the bill contains a frightening assault on the First Amendment -- a
provision that would make it illegal for "any communications facility"
(such as this newspaper, or your Web site) to "post, publicize, transmit,
publish, link to, broadcast, or otherwise advertise" any sort of "drug
paraphernalia" or "controlled substances." Note that this goes way beyond
methamphetamine, and could even apply to information designed to help
people seeking marijuana for medical purposes. And the term "advertise" is
interesting in this context: the bill bans anything that would "directly or
indirectly advertise" drugs. What does it mean to "indirectly advertise"?
Who knows? As the American Civil Liberties Union puts it, "There is every
reason to fear that the term 'indirectly advertise' includes mere speech
about drugs or drug paraphernalia."

This ludicrous legislation runs up against a vital First Amendment
principle: that though the government may outlaw certain activities, such
as the use of some drugs, it may not outlaw speech even if such speech
advocates those activities. Last year, for instance, the courts backed
organizers of the annual pot rally on Boston Common, citing the free-speech
rights of the pro-marijuana forces (see "The Second Annual Muzzle Awards,"
News and Features, July 2). Feinstein and Hatch refuse to recognize that
right, which makes you wonder what other parts of the Constitution they
find inconvenient.

Unfortunately, their Just Say Nothing campaign has received virtually no
media coverage other than a piece published on Wired magazine's Web site in
early August, aptly headed REEFER MADNESS HITS CONGRESS. This inattention
exists despite press releases issued by both Feinstein and Hatch proudly
trumpeting their legislation. "The bill's on the fast track. It will
probably pass the Senate quickly and easily. How they're going to enforce
it, God only knows," says Rachel King, the ACLU's Washington-based
legislative counsel.

In the interests of demonstrating exactly how dangerous this bill is, here
are a few links the Phoenix would be banned even from mentioning -- upon
pain of a fine and three years in prison -- if it becomes law. Clip and
save: merely possessing this editorial would not be outlawed. At least
until that particular loophole is closed, that is.

The Web site http://www.smoketoys.com sells an assortment of bongs and
water pipes -- "intended for tobacco smoking only by persons over the age
of 18," but no doubt adaptable to other uses as well.

A video on cultivating your own weed, Growing Sinsemilla Marijuana, is
available for purchase at http://www.askhans.com.

Some how-to information on purifying LSD so that it's just as good as the
stuff Timothy Leary used to drop can be found at
http://www.bassdove.demon.co.uk/lsdpurity.htm. The "uk" means the site is
based in Britain -- beyond the reach of US law. Any US site that publishes
the address or links to it, though, would have Senators Feinstein and Hatch
to answer to.

The Phoenix does not advocate the use of illegal drugs, but if we or any
medium in the United States were banned from leading people to drug
information, it would be wrong. The ACLU's King goes so far as to suggest
that, under the proposed legislation, information about the medical uses of
marijuana would be illegal under federal law even in states that have
approved its use -- such as Feinstein's California. That's grotesque. Of
course, harder drugs raise harder questions. The late poet Allen Ginsberg,
to name just one LSD user, spoke eloquently about the effect of
hallucinogens in expanding consciousness and spirituality. On the other
hand, it's not likely that anyone has anything good to say about a drug as
dangerous as methamphetamine. But that's not the point. The government can
outlaw drugs. But it can't outlaw speech about drugs without violating the
Constitution.

Call Senator Feinstein at her Washington office, (202) 224-3841, and let
her know what you think about her bill. Or e-mail her at
senator@feinstein.senate.gov. (Don't contact Hatch; it will only encourage
him.) And contact Massachusetts's senators, Ted Kennedy (202-224-4543;
senator@kennedy.senate.gov) and John Kerry (202-224-2742;
john_kerry@kerry.senate.gov). Let them know that this isn't the
motherhood-and-apple-pie legislation its title would suggest.

For four decades now, our government has been fighting a counterproductive
war on drugs. As in any war, free speech is one of the first casualties.
Don't let Feinstein and Hatch get away with this frontal assault on our
rights.