JUDGE: AD RESTRICTIONS UNCONSTITUTIONAL

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.