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Free Speech

Latin America: Mexico Proposes Banning Narcocorridos (Drug Ballads)

Free Marc Emery!! Canada's Prince of Pot Has Begun His Journey Into America's Gulag

Marc Emery is no longer a free man. Canada's Prince of Pot was taken into custody today. He turned himself in at the BC Supreme Court in Vancouver, and is now jailed in Vancouver awaiting imminent extradition to the US, where he is set to plead guilty to one count of marijuana distribution for selling pot seeds over the Internet.

Emery is expected to be sentenced to five years in federal prison in the US for his seed sales. He sold millions of seeds in the decade prior to his 2005 arrest and became a leading hemispheric advocate for marijuana legalization, using the profits from his seed sales to fund reformers across the continent.

He also called out then drug czar John Walters for lying about marijuana and interfering in Canadian domestic politics, leading then DEA head Karen Tandy to issue this press release lauding his arrest as a blow to the legalization movement:

Today's DEA arrest of Marc Scott Emery, publisher of Cannabis Culture Magazine, and the founder of a marijuana legalization group -- is a signficant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement.

His marijuana trade and propagandist marijuana magazine have generated nearly $5 million a year in profits that bolstered his trafficking efforts, but those have gone up in smoke today.

Emery and his organization had been designated as one of the Attorney General's most wanted international drug trafficking organizational targets -- one of only 46 in the world and the only one from Canada.

Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canda. Drug legalization lobbyists now have one less pot of money to rely on.

Can you say politically motivated? I knew you could.

One American attorney familiar with his case told me this weekend that Emery could have fought the prosecution and sought to have shown that it was unlawfully politically motivated, but that Emery and his Canadian legal team didn't want to take that risk. That's understandable, given that Emery was looking at decades or even life in prison if he lost.

Now, America's legions of unknown marijuana martyrs are being joined by one very big name. Let's hope that Emery's unjust imprisonment turns a spotlight on the hideousness of a US federal legal system that turns a blind eye to torture but cages a man for selling pot seeds.

The Vancouver Sun's Ian Mulgrew sums it up nicely in an op-ed piece entitled Marc Emery's Sentence Reeks of Injustice and Mocks Our Sovreignty:

After two decades as Canada's Prince of Pot, Marc Emery will surrender himself today in B.C. Supreme Court and become the country's first Marijuana Martyr.

Emery will begin serving what could be as long as five years behind bars as Uncle Sam's prisoner for a crime that in Canada would have earned him at most a month in the local hoosegow.

It is a legal tragedy that in my opinion marks the capitulation of our sovereignty and underscores the hypocrisy around cannabis.

Emery hasn't even visited America but he was arrested in July 2005 at the request of a Republican administration that abhorred his politics.

He is being handed over to a foreign government for an activity we are loath to prosecute because we don't think selling seeds is a major problem.

There are at least a score of seed-sellers downtown and many, many more such retail outlets across the country.

In the days ahead, once the federal justice minister signs the extradition papers, Emery will be frog-marched south to Seattle where his plea bargain will be rubber-stamped and he will be sent to a U.S. penitentiary.

For comparison, consider that the B.C. Court of Appeal last year said a one-month jail sentence plus probation was appropriate punishment for drug and money-laundering offences of this ilk.

The last time Emery was convicted in Canada of selling pot seeds, back in 1998, he was given a $2,000 fine.

There's more at the link above, but you get the gist. Mulgrew, of course, is right on the money. The Canadian government has shamefully failed to protect one of its citizens from the crazed drug war machine south of the border, and the US government is shamelessly imprisoning yet another non-violent pot person--this time mainly to shut him up.

We should demand that Marc Emery and all other marijuana prisoners be immediately released. Short of that, we should, as Emery requests, demand that he be allowed to serve his time at home in a Canadian prison.

South Dakota Judge Sentences Marijuana Reform Activist to Shut Up

South Dakota's most well-known marijuana legalization advocate, Bob Newland, was sentenced yesterday to a year in the Pennington County Jail with all but 45 days suspended for felony marijuana possession--a little less than four ounces. Once he does his time, he'll be on probation for a year. Newland can, I suppose, consider himself fortunate. According to the South Dakota Department of Corrections, there are currently six people imprisoned for possession of less than half a pound and seven for more than half but less than one pound, as well as 14 doing time for distribution of less than an ounce and another 25 doing time for distribution of less than a pound.

But in another respect, Newland is not so lucky. He has basically been stripped of his First Amendment right to advocate for marijuana legalization while he is on probation. As the Associated Press reported:

A longtime South Dakota supporter of legalized marijuana has been sentenced to serve 45 days in jail for possessing the illegal drug.

Authorities say Bob Newland of Hermosa was found with four bags of marijuana, a scale and $385 in cash when he was stopped for speeding in March.

He pleaded guilty in May to a possession charge under a plea agreement in which prosecutors agreed to drop a more serious charge of possession with intent to distribute.

Newland will be on probation for the rest of the year following his jail term. During his probation, he is barred from publicly advocating the legalization of marijuana for medicinal purposes.

Newland, understandably, is not inclined to challenge the probation condition. There's something about staring at the walls of a jail cell that does that to a guy. But that doesn't mean others shouldn't raise a stink about this arguably unconstititional sentence.

I'll be looking into this and will have a Chronicle story about it on Friday.

Latin America: Attacks Made on Candidates from Mexican Party That Favors Drug Legalization

Mexico's small, left-leaning Social Democratic Party (SDP) calls openly for

Free Speech: ACLU Backs Pain Activist's Effort to Quash Subpoena Issued in Kansas Case

The American Civil Liberties Union (ACLU) has joined pain activist Siobhan Reynolds and the

East Asia: Tokyo Metro Government Annoyed but Helpless Over Pro-Marijuana Mag

A Tokyo-based magazine that has repeatedly published issues referring to marijuana use and provided cultivation tips is drawing the ire of the Tokyo metropolitan government, according to a

Free Speech: Cop Smeared and Fired Over Decriminalization Advocacy Wins Big Settlement from Small Town

A former Mountlake Terrace, Washington, police officer who was vilified and fired because he supports the decriminalization of marijuana has won a massive settlement from the city and Snohomish Cou

Feature: Global Marijuana Day Demonstrations Meet Repression in Handful of Cities

Saturday was the first Saturday in May, which for more than 30 years has been marked by marches and demonstrations in support of marijuana legalization.

First Amendment: Freaked Out Feds Indict Pair for Posting Flyers Naming Snitch

A federal grand jury in Philadelphia Tuesday indicted two people, an accused drug dealer and his girlfriend, for passing out flyers naming a confidential informant in his federal drug case as a sni

DrugSense FOCUS Alert #348 - Monday, 2 July 2007

STUDENTS CAN'T SPEAK FREELY?

************PLEASE COPY AND DISTRIBUTE************

DrugSense FOCUS Alert #348 - Monday, 2 July 2007

On Monday, June 25, the Supreme Court of the United States handed down their ruling on the case known informally known as "Bong Hits 4 Jesus."

High school student Joseph Frederick was subjected to school suspension in 2002 for his display of a homemade banner while standing across the street from school property, albeit during normal school hours. While initial court rulings held in favor of the Juneau, Alaska school district, the Ninth Circuit Court reversed in favor of Frederick.

In a 5-4 ruling, the Supreme Court ruled that since the school officials might interpret Frederick's message as some form of "promoting illegal drug use", disciplining the student with school sanctioned penalties is appropriate.

MAP has already archived over a hundred news clippings on this ruling from across North America. These, and additional clippings during the days ahead, may be found at:

http://www.mapinc.org/topics/Bong+Hits+4+Jesus (Bong Hits 4 Jesus)

Please consider writing and sending a Letter to the Editor directed to the newspaper closest to your hometown. We invite additional consideration of sending appropriate letters to other newspapers which have covered this story. If you elect to write to more than one newspaper, we strongly suggest at least some modification of your message so that each newspaper receives a unique letter.

Additionally, MAP has archived a large number of Opinion pieces - most being critical of the ruling - from newspaper editorial boards and columnists, including nationally known writers George Will and Debra Saunders. Most of these opinion items saw print within the past one to three days. They make excellent targets for readers to voice their own feelings about the ruling from the Supreme Court.

Letters of 200 words or less have the best chance of print unless otherwise noted in MAP headers.

Thanks for your effort and support.

It's not what others do it's what YOU do

**********************************************************************

Additional suggestions for writing LTEs are at our Media Activism Center:

http://www.mapinc.org/resource/

Or contact MAP's Media Activism Facilitator for personal tips on how to write LTEs that get printed.

heath@mapinc.org

**********************************************************************

PLEASE SEND US A COPY OF YOUR LETTER

Please post a copy of your letter or report your action to the sent letter list ( sentlte@mapinc.org ) if you are subscribed, or by E-mailing a copy directly to heath@mapinc.org if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts.

Subscribing to the Sent LTE list ( sentlte@mapinc.org ) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts.

To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm#form

**********************************************************************

Prepared by: The MAP Media Activism Team www.mapinc.org/resource

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DrugSense is a 501c(3) non-profit organization dedicated to raising awareness about the expensive, ineffective, and destructive "War on Drugs." Donations are tax deductible to the extent provided by law.

Feature: Supreme Court Uses "Bong Hits 4 Jesus" Case to Limit Students' Speech Rights

The US Supreme Court moved Monday to tighten limits on free speech for high school students, ruling that an Alaska high school could constitutionally punish a student who held up a 14-foot-long ban

DPA Press Release: "Bong Hits 4 Jesus" Decision Weakens Free Speech; Schools Can Censor "Pro-Drug Use Speech" But Criticism of Drug War is Protected

For Immediate Release: June 25, 2007
For more info: Tony Newman, T: (646) 335-5384

“Bong Hits 4 Jesus” Decision Weakens Free Speech; Schools Can Censor “Pro-Drug Use Speech” But Criticism of Drug War is Protected

Advocates Concerned about “Drug War Exception” to the First Amendment and
Who Will Determine What is Inappropriate Speech

The Supreme Court issued a mixed opinion in the case of Morse v. Frederick, allowing censorship of student speech that promotes illegal drug use while affirming the core principle that political speech questioning the wisdom of the war on drugs is constitutionally protected. The case focused on Joseph Frederick, who was suspended in 2002 from a high school in Alaska after displaying a “Bong Hits 4 Jesus” banner during a class trip to see the Olympic torch parade pass by.

Justice Alito in his concurring opinion, joined by Justice Kennedy, makes clear that he only joins the majority in so far as it protects speech “that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as ‘the wisdom of the war on drugs or of legalizing marijuana for medicinal use.”

“We take mild comfort that the decision clearly protects speech challenging the war on drugs. Never before has the Supreme Court stated so clearly that speech attacking the wisdom of the war on drugs is protected wherever it may occur,” said Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance.

“But who is going to decide what is appropriate speech? Students are on the front lines of the war on drugs, and we are deeply concerned that free speech will now be administered by those who may wish to suppress open discussion on a range of topics such as the effectiveness of the D.A.R.E. program, school drug testing policies, or random locker searches,” said Abrahamson. “Our Constitutionally protected rights to free speech shouldn’t have an arbitrary drug war exception.”

As Justice Stevens recognized in his dissent: “Even in high school, a rule that permits only one point of view to be expressed is less likely to produce correct answers than the open discussion of countervailing views.” The First Amendment should not be curtailed by a “nonsense banner” containing “an oblique reference to drugs,” lamented Stevens, who was joined by Ginsburg and Souter.

Supreme Court Betrays Free Speech...

... and thereby betrays the country.

Bad (inexcusable) ruling in the Bong Hits 4 Jesus case.

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