Pubdate: Sat, 12 Dec 1998 Source: Chicago Sun-Times (IL) Section: Commentary Contact: http://www.suntimes.com/ Copyright: 1998 The Sun-Times Co. Author: Robyn Blumner FREE SPEECH BECOMES DRUG WAR CASUALTY Gutting The Fourth Amendment Didn't Work, So Warriors Now Have Other Freedoms In Their Sights First the drug warriors attached our right to be free from unreasonable searches and seizures. In the name of fighting the illicit drug trade, they told us they needed to be able to use drug-sniffing dogs on cars without a warrant, to search inside garbage cans and peer into backyards in helicopters without a court order, to seize cash, the family car and boats where trace amounts of drugs were found. And the courts let them. Congress has decided that the right of citizens to be heard in an election is disposable -- that is, if Congress doesn't like the election results. After citizens got a medical marijuana initiative on the ballot in Washington D.C., U.S. Rep. Bob Barr (R-Ga.) slipped an amendment into a massive federal appropriations bill to prohibit the District of Columbia Board of Elections and Ethics from spending any money on it. Although exit polls show that 69 percent of voters approved the November initiative, we may never know the official results. John Ferren, the district's corporation counsel, estimates that it would cost only $1.64 for a clerk to press the computer button to make the results known. This kind of viewpoint-based restriction on voting rights violates the First Amendment. A lawsuit filed by the American Civil Liberties Union of the National Capital Area and joined by the district seeks to emancipate the election results and limit Congress' ability to use its power of the purse to stymie voters in the future. "Congress wants to prohibit any initiative that would reduce the penalties for marijuana, but allow any initiative that would increase those penalties," said ACLU legal director Arthur Spitzer. "That is like saying voters can vote for Republicans but not for Democrats. Restricting speech by doctors is another way our nation's drug warriors are trashing the First Amendment of further their cause. After initiatives passed in California and Arizona in 1996 to legalize marijuana for medical use, the Justice Department, drug czar Barry McCaffrey and Drug Enforcement Administration chief Thomas Constantine pledged to punish any doctor who recommended its use. Again, the ACLU sued, and a federal district judge in San Francisco issued a temporary restraining order blocking the federal government from prosecuting doctors for recommending marijuana. Judge Fern Smith ruled that the government was trying to silence a medical viewpoint with which it disagreed. Another innovative approach was concocted by Rep. Gerald Solomon (R-N.Y.) who introduced unsuccessful legislation in the past to strip the tax exemption from any nonprofit group advocating the reform of drug laws. Rational, nuanced arguments persuaded voters in six states so far (and probably the District of Columbia) to legalize medical marijuana, and more will probably follow. Our government's doomsday rhetoric on drugs is no longer being swallowed whole. Which makes the powers that be very nervous, and correspondingly makes this a dangerous time for free speech. - --- Checked-by: Richard Lake