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Weekly: This Week in History

April 3, 1953: With the support of Allen W. Dulles, director of Central Intelligence, Richard C. Helms proposes funding for a biochemical warfare research program named MKULTRA, which among other things administers LSD to its unknowing participants.

April 8, 1989: Miguel Angel Felix Gallardo is arrested in Mexico. Guillermo Gonzalez Calderoni leads a team of Federal agents who arrest the drug lord in a residential suburb of Guadalajara. Gallardo is imprisoned on charges relating to the kidnapping and murder of Enrique Camarena. His nephews, the Arellano-Felix brothers, inherit part of his drug-trafficking empire.

April 6, 1995: ABC News airs a special entitled "America's War on Drugs: Searching for Solutions" in which legalization is presented as an alternative to the failing war on drugs.

April 6, 1998: Dr. Dennis Rosenbaum's six year study of 1,798 students, "Assessing the Effects of School-based Drug Education: A Six Year Multilevel Analysis of Project DARE," finds that "DARE had no long-term effects on a wide range of drug use measures," that DARE does not "prevent drug use at the stage in adolescent development when drugs become available and widely used, namely during the high school years," and that "DARE may actually be counterproductive."

April 5, 2000: The Journal of the American Medical Association publishes "Trends in Medical Use and Abuse of Opioid Analgesics." The researchers conclude: "Conventional wisdom suggests that the abuse potential of opioid analgesics is such that increases in medical use of these drugs will lead inevitably to increases in their abuse. The data from this study with respect to the opioids in the class of morphine provide no support for this hypothesis. The present trend of increasing medical use of opioid analgesics to treat pain does not appear to be contributing to increases in the health consequences of opioid analgesic abuse."

April 6, 2000: The First National Clinical Conference on Cannabis Therapeutics convenes at the University of Iowa.

April 9, 2002: NORML launches a $500,000 campaign featuring bus shelter signs and telephone booth posters carrying a quote from New York City Mayor Michael Bloomberg, who when asked whether he had ever tried marijuana said, "You bet I did. And I enjoyed it." NORML used Bloomberg as the centerpiece of its campaign to urge the city to stop arresting and jailing people for smoking marijuana. "Millions of people smoke marijuana today. They come from all walks of life, and that includes your own mayor," said NORML Executive Director Keith Stroup.

Weekly: This Week in History

April 1, 1909: The Opium Exclusion Act takes effect.

March 30, 1961: The UN Single Convention on Narcotic Drugs is convened in New York City, the first of the three international treaties binding signatory nations into prohibitionist systems.

April 2, 1988: The Economist editorializes in favor of bringing drug users within the law by allowing them to purchase limited doses of drugs that have been manufactured and distributed legally.

March 30, 1992: Bill Clinton, during the 1992 presidential campaign, says, "When I was in England I experimented with marijuana a time or two, and I didn't like it. I didn't inhale."

March 29, 2000: CNN reports that a multination drug sweep known as Operation Conquistador nets 2,331 arrests, 4,966 kilograms of cocaine, 55.6 kilograms of heroin, and 362.5 metric tons of marijuana. The 17-day operation takes place in Panama, Colombia, Venezuela, Bolivia, Ecuador, Suriname, Trinidad and Tobago, Montserrat, Dominica, St. Kitts and Nevis, Antigua, Anguilla, St. Martin, British Virgin Islands, Barbuda, Grenada, Barbados, St. Vincent and the Grenadines, St. Lucia, Aruba, Curacao, Jamaica, Haiti, Dominican Republic, and Puerto Rico.

April 1, 2000: Canada's premier national newspaper, The National Post, editorializes in favor of legalizing marijuana.

March 31, 2001: An editorial in The Lancet -- the United Kingdom's top medical journal -- criticizes the futility of drug prohibition and America's present anti-drug strategies.

March 28, 2002: Federal Judge Emmet G. Sullivan rules that the Barr Amendment, which blocks the District of Columbia from considering a medical marijuana voter initiative, infringes on First Amendment rights.

March 28, 2003: The Hemp Industries Association, several hemp food and cosmetic manufacturers and the Organic Consumers Association petition the federal Ninth Circuit to again prevent the DEA from ending the legal sale of hemp seed and oil products in the US.

April 2, 2003: US Rep. Ron Paul asks the US Government Accountability Office (GAO) to investigate whether the Office of National Drug Control Policy violated the Congressional ban on spending funds on publicity or propaganda.

Weekly: This Week in History

March 22, 1972: The Richard Nixon-appointed, 13-member National Commission on Marijuana and Drug Abuse recommends the decriminalization of marijuana, concluding, "Marihuana's relative potential for harm to the vast majority of individual users and its actual impact on society does not justify a social policy designed to seek out and firmly punish those who use it."

March 23, 1983: Vice President George Herbert Walker Bush is placed in charge of the National Narcotics Border Interdiction System, which was supposed to staunch the drug flow over all US borders. Twenty-six years later drugs continue to be widely available throughout the United States.

March 25, 1994: Retired minister Accelyne Williams dies of a heart attack when a SWAT team consisting of 13 heavily armed Boston police officers raids his apartment based on an incorrect tip by an unidentified informant. No drugs or guns were found in the apartment. An editorial in The Boston Globe later observed: "The Williams tragedy resulted, in part, from the 'big score' mentality of the centralized Boston Police Drug Control Unit. Officers were pumped up to seize machine guns in addition to large quantities of cocaine and a 'crazy amount of weed,' in the words of the informant."

March 24, 1998: House Speaker Newt Gingrich (R-GA) establishes the Speaker's Task Force for a Drug-Free America to design a World War II-style victory plan to save America's children from illegal drugs and achieve a Drug-Free America by 2002. Eleven years after the founding of the task force, in 2009, drugs continue to be widely available throughout the United States.

March 20, 2002: Reuters reports that British scientists found that motorists who smoke a cannabis joint retain more control behind the wheel than those who drink a glass of wine. Research from Britain's Transport Research Laboratory showed drivers found it harder to maintain constant speed and road position after drinking the equivalent of a glass of wine than after smoking a "spliff."

March 25, 2002: The Maryland House of Delegates overwhelmingly approves H.B. 1222, the Darrell Putman Compassionate Use Act, which removes criminal penalties for the medical use of marijuana.

March 26, 2002: A unanimous US Supreme Court rules that public housing tenants can be evicted for any illegal drug activity by household members or guests, even if they did not know about it.

March 21, 2003: President Bush announces his intention to nominate Karen P. Tandy to be the Drug Enforcement Administration's new administrator. Tandy served in the Department of Justice (DOJ) as Associate Deputy Attorney General and Director of the Organized Crime Drug Enforcement Task Force. She also previously served in DOJ as Chief of Litigation in the Asset Forfeiture Office and as Deputy Chief for Narcotics and Dangerous Drugs. Earlier in her career, she prosecuted drug, money laundering, and forfeiture cases as an Assistant United States Attorney in the Eastern District of Virginia and in the Western District of Washington.

Weekly: This Week in History

March 18, 1839: Lin Tse-Hsu, the imperial Chinese commissioner in charge of suppressing the opium traffic, orders all foreign traders to surrender their opium. In response, the British send expeditionary warships to the coast of China, initiating the First Opium War.

March 14, 1937: Setting a judicial precedent important to drug policy, the US Supreme Court rules that machine guns can be controlled by first taxing them, then using the tax act to prohibit them. One month later Harry Anslinger, head of the Federal Bureau of Narcotics, introduces the Marijuana Tax Act to Congress.

March 19, 1983: Best known for her role in Just Say No, First Lady Nancy Reagan appears on the NBC sitcom Diff'rent Strokes, declaring: "Let me tell you a true story about a boy we'll call Charlie. He was only 14 and he was burned out on marijuana... One day, when his little sister wouldn't steal some money for him to go and buy some more drugs, he brutally beat her. The real truth is there's no such thing as soft drugs and hard drugs. All drugs are dumb... Don't end up another Charlie."

March 17, 1999: A report by the Institute of Medicine for the Office of National Drug Control Policy states that "there is no conclusive evidence that the drug effects of marijuana are causally linked to the subsequent abuse of other illicit drugs" and "scientific data indicate the potential therapeutic values of cannabinoid drugs for pain relief, control of nausea and vomiting, and appetite stimulation."

March 16, 2000: Patrick Dorismond, an unarmed security guard, is shot and killed by undercover New York City police officers who had unsuccessfully tried to sell him marijuana in a "buy-and-bust" operation. [The shooting was the third time in 13 months that New York City police officers dressed in plainclothes shot and killed an unarmed black man. Under Mayor Rudolph Giuliani, marijuana arrests rose from 720 in 1992, to 59,945 in the first eleven months of 2000.]

March 19, 2001: Mexican President Vicente Fox is quoted in the Associated Press: "[T]he day that the alternative of freeing the consumption of drugs from punishment comes, it will have to be done in the entire world because we are not going to win anything if Mexico does it, but the production and traffic of the drugs... to the United States continues. Thus, humanity will one day view it [legalization] as the best in this sense."

Weekly: This Week in History

March 10, 1839: Lin Tse-hsu, the governor of the Chinese province of Hu-Huang, proclaims that the opium trade will no longer be tolerated in Canton, and he begins arresting known opium dealers in the local schools and naval barracks. Those found guilty of purchasing, possessing or selling opium are sentenced to public execution by strangulation. "Let no one think," Lin proclaimed, "that this is only a temporary effort on behalf of the Emperor. We will persist until the job is finished."

March 6, 1907: Gov. James Gillett signs the Poison Act Amendments, launching California's war on drugs.

March 11, 1966: Psychedelic guru Timothy Leary receives a 30-year prison sentence in Texas for trying to cross into the US from Mexico with a small amount of marijuana.

March 8, 1973: The US Coast Guard conducts its first Coast Guard-controlled seizure when the USCGC Dauntless boards a 38-foot sports fisherman boat, the Big L, and arrests its master and crew with more than a ton of marijuana on board.

March 9, 1982: The largest US domestic cocaine seizure ever to date raises US awareness of the Medellin cartel. The seizure of 3,906 pounds of cocaine, valued at over $100 million wholesale, from a Miami International Airport hanger tells US law enforcement that Colombian traffickers must be working together because no single trafficker could be behind a shipment that large.

March 10, 1984: By tracking the illegal sale of massive amounts of ether to Colombia, the DEA and Colombian police discover Tranquilandia, a laboratory operation deep in the Colombian jungle. In the subsequent bust, law enforcement officials destroy 14 laboratory complexes, which contain 13.8 metric tons of cocaine, 7 airplanes, and 11,800 drums of chemicals, conservatively estimated at $1.2 billion. The bust confirms the consolidation of the Medellin cartel's manufacturing operation.

March 12, 1998: Canada legalizes hemp production and sets a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

March 12, 1998: The mayors of San Francisco, Oakland, Santa Cruz and West Hollywood write letters to President Clinton asking him to keep the cannabis buyers clubs open. They tell the president: "If the centers are shut down, many of these individuals will be compelled to search back alleys and street corners for their medicine," and ask him to "implement a moratorium on enforcement of federal drug laws that interfere with the daily operation of the dispensaries."

March 9, 2001: William J. Allegro, 32, of Bradley Beach, New Jersey is sentenced to 50 years in prison for growing marijuana in his home. "The court imposed this sentence because the court felt obligated to do so under the law," says Judge Paul F. Chaiet, a former prosecutor. "Mandatory sentencing provisions can create difficult results. In the court's view, this is one of those times where the ultimate results are difficult to accept."

March 10, 2004: In a Washington Post article, "Obesity Passing Smoking as Top Avoidable Cause of Death," Health and Human Services Secretary Tommy G. Thompson, when asked about unhealthy foods, says, "I don't want to start banning things... Prohibition has never worked." [NOTE: In 2000, only 0.7% of all deaths were due to illicit drug use while poor diet and physical inactivity was responsible for 16.6% of all deaths.]

Weekly: This Week in History

March 3, 1905: The first Congressional anti-drug law is passed when the US colonial government prohibits opium in the Philippines.

March 1, 1915: The Harrison Narcotics Act goes into legal effect, beginning federal prohibition of drugs.

March 4, 1992: George Bush's White House has bureaucrats terminate the federal government's Compassionate Investigational New Drug (IND) medical marijuana program, barring even approved patients from receiving marijuana and allowing only a small handful already receiving it to continue.

February 28, 1995: In compliance with the 1994 Crime Act, the US Sentencing Commission issues a report on the current federal structure of differing penalties on powder cocaine and crack cocaine, recommending that Congress "revisit" penalties enacted for those offenses.

February 29, 1996: In his State of the Union address, President Clinton nominates Army General Barry McCaffrey, a veteran of Vietnam and Desert Storm, as director of the Office of National Drug Control Policy. McCaffrey had been head of the US Southern Command (SouthCom) which provides military backup for US policy in Latin America -- a policy long linked with chronically ineffective and corrupt drug enforcement.

February 28, 1998: President Clinton recertifies Mexico as a fully cooperating ally in the struggle against drug smuggling despite a letter from 40 US senators urging Clinton to deny certification.

February 27, 1999: Conservative William F. Buckley, Jr. is quoted in the New York Post: "Even if one takes every reefer madness allegation of the prohibitionists at face value, prohibition has done far more harm to far more people than marijuana ever could."

March 1, 1999: The advice columnist Abigail Van Buren in her popular column "Dear Abby" says: "I agree that marijuana laws are overdue for an overhaul. I also favor the medical use of marijuana -- if it's prescribed by a physician. I cannot understand why the federal government should interfere with the doctor-patient relationship, nor why it would ignore the will of the majority of voters who have legally approved such legislation."

February 28, 2000: UPI reports that Spanish researchers said the chemical in marijuana that produces a "high" shows promise as a weapon against deadly brain tumors. A research team from Complutense University and Autonoma University in Madrid found that one of marijuana's active ingredients, THC, killed tumor cells in advanced cases of glioma, a quick-killing cancer for which there is currently no effective treatment.

March 1, 2004: The State Department releases its annual International Narcotics Control Strategy Report (INCSR) revealing that Afghanistan produced a larger poppy crop in 2003 than ever before. Some 61,000 hectares of land were cultivated with poppy in 2003 -- up almost twofold from about 31,000 hectares in 2002.

Weekly: This Week in History

February 23, 1887: The 49th Congress of the United States enacts legislation that provides a misdemeanor fine of between $50 and $500 ($1,100-$11,000 in today's dollars) for any US or Chinese citizen found guilty of violating the ban on opium.

February 21, 1971: The United States joins with other countries in signing the international Convention on Psychotropic Substances, in Vienna, Austria.

February 26, 1995: Former mayor of San Francisco Frank Jordan is quoted in the Los Angeles Times, saying, "I have no problem whatsoever with the use of marijuana for medical purposes. I am sensitive and compassionate to people who have legitimate needs. We should bend the law and do what's right."

February 20, 1997: CNN reports that a prestigious panel of experts convened by the National Institutes of Health said there is promising evidence that smoking marijuana may ease the suffering of some seriously ill patients.

February 25, 1997: President Bill Clinton proposes spending $175 million for a national television blitz targeting drug use by America's youth. Matching funds from the private sector would be sought. Clinton says, "If a child does watch television -- and what child doesn't -- he or she should not be able to escape these messages."

February 22, 2000: Due to drug-related violence, the US State Department issues a traveler's advisory warning for Tijuana, México City, and Ciudad Juárez, which are labeled as "dangerous." Juárez Mayor Gustavo Elizondo protests to US Secretary of State Madeleine Albright.

February 24, 2000: Members of the Belgian Parliament make a proposal to modify their laws in order to partially decriminalize the possession of cannabis and its derivatives. Simple marijuana possession is effectively decriminalized three years later.

February 21, 2001: The New York Times reports that a recent study released at a World Health Organization meeting found that American teens are more likely to smoke marijuana and use other illicit drugs than their European counterparts. While they are more likely to smoke cigarettes and drink alcohol, only 17 percent of European 10th graders reported marijuana use, compared to 41 percent of American 10th graders. The study is interesting considering the US implements a zero-tolerance approach while many European countries tend to employ harm-reduction strategies and are generally more tolerant.

Weekly: This Week in History

February 14, 1929: St. Valentine's Day Massacre symbolizes the mob violence of the Prohibition era.

February 16, 1982: During a speech in Miami, Florida, George H. W. Bush promises to use sophisticated military aircraft to track the airplanes used by drug smugglers. By June, airborne surveillance time is running a mere 40 hours per month, not the 360 hours promised by Bush, prompting Rep. Glenn English to call hearings on the topic. By October, the General Accounting Office issues an opinion in which it fnds "it is doubtful whether the [south Florida] task force can have any substantial long-term impact on drug availability."

February 14, 1995: The US House of Representatives approves several drug-related bills, including H.R. 728, a bill that replaces the police ($8.8 billion), prevention ($4 billion), and drug courts ($1 billion) provisions of the 1994 Crime Act with a $10 billion block grant program.

February 14, 1996: Fairfax Police Chief Jim Anderson becomes one of the latest officials to speak out in favor of California's medical marijuana initiative when he says, "I believe there is adequate unbiased and scientific evidence that marijuana does have medicinal benefit."

February 17, 1997: Legislation to repeal an 18 year-old state law permitting physicians to prescribe marijuana for patients suffering from cancer or glaucoma is voted down by a Virginia Senate committee in a 9-6 vote.

February 18, 1999: Dr. Frank Fisher, a pain doctor from Northern California, is arrested and charged with five counts of murder. After about six years of legal wrangling and having more charges levied against him, he is determined to be completely innocent.

February 18, 2000: President Clinton signs the "Hillary J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000," categorizing GHB as a Schedule I drug.

February 15, 2002: The ImpacTeen Illicit Drug Team releases a report entitled "Illicit Drug Policies: Selected Laws from the 50 States." The report says that state statutory drug laws vary significantly across the United States, contradicting a commonly-held assumption that state drug policies follow federal drug policy. For instance, depending on the state, a first time offender may be subject to anywhere from one year to lifetime imprisonment and $5,000 to $1 million in fines for the sale of one ecstasy pill. The report also shows that, as of January 1, 2000, 24 states and the District of Columbia enacted legislation allowing the use of marijuana for medical purposes, despite the federal government's objections.

February 14, 2004: The Daytona Beach News Journal reports that Volusia County sheriff's investigators seized bricks of marijuana during several drug busts that were, in fact, bricks they had already seized before. As it turned out, half a million dollars' worth of drugs was stolen from their evidence compound by a former evidence manager. How many times it may have happened prior wasn't known.

February 19, 2004: Veterans and medical marijuana activists in San Francisco hold a protest/rally in front of San Francisco's Veterans Administration Outpatient Clinic and ask doctors working for the Veteran's Administration to help provide better access to medical marijuana.

Weekly: This Week in History

February 9, 1909: Congress passes the Opium Exclusion Act.

February 8, 1914: In an example of the role of racial prejudice in the genesis of US drug laws, The New York Times publishes an article entitled "Negro Cocaine 'Fiends' New Southern Menace."

February 12, 1961: In the first televised challenge to marijuana prohibition, Beat poet Allen Ginsberg uses an appearance on the John Crosby show to argue for the harmlessness of marijuana. By the end of the program, Crosby and guests author Norman Mailer and anthropologist Ashley Montagu all joined Ginsberg in agreeing the current laws were too extreme.

February 7, 1968: In a move likely spurred on by the Nixon campaign's "law and order" rhetoric, President Lyndon Johnson creates the Bureau of Narcotics and Dangerous Drugs (BNDD) by combining the Federal Bureau of Narcotics (FBN) with the Bureau of Drug Abuse Control. By 1972, the BNDD is 1,361 agents strong.

February 11, 1982: Attorney General William French Smith grants an exemption sparing the CIA from a legal requirement to report on drug smuggling by agency assets. The exemption had been secretly engineered by CIA Director William J. Casey according to a letter placed into the Congressional Record by Rep. Maxine Waters (D-CA) on May 7, 1998, which establishes that Casey foresaw the legal dilemma which the CIA would encounter should federal law require it to report on illicit narcotics smuggling by its agents.

February 7, 1985: Enrique Camarena, an aggressive DEA agent stationed in Mexico who discovered that drug traffickers there were operating under the protection of Mexican police officials, is kidnapped outside of his office in Guadalajara. His body is found several weeks later bearing marks of brutal torture.

February 11, 1988: The international heroin seizure record is set -- 2,816 pounds in Bangkok, Thailand.

February 10, 1998: The United Kingdom House of Lords announces an investigation into the recreational and medical use of marijuana to be conducted by the Lords Select Committee. Announcement of the inquiry follows a campaign by the UK's Independent to decriminalize marijuana, a report from the British Medical Association urging Ministers to consider allowing the medical use of cannabinoids, and a plea from Lord Chief Justice Lord Bingham of Cornhill, who says marijuana decriminalization deserves "detached, objective, [and] independent consideration."

February 11, 1999: Researchers in Boston, Massachusetts, announce they found no link between marijuana use by pregnant mothers and miscarriages. The study does document a strong link between tobacco consumption and miscarriages, and also shows an increased risk of miscarriage by mothers who use cocaine.

February 9, 2000: Deborah Lynn Quinn, born with no arms or legs, is sentenced to one year in an Arizona prison for marijuana possession and violating probation on a previous drug offense, the attempted sale of four grams of marijuana to a police informant for $20. Quinn requires around the clock care for feeding, bathing, and hygiene.

February 7, 2001: After a contentious confirmation process, new Attorney General John Ashcroft declares, "I want to escalate the war on drugs. I want to renew it. I want to refresh it, re-launch it, if you will." He said this despite the fact that under President Clinton's two terms in office the number of jail sentences nationwide for marijuana offenders was 800% higher than under the Reagan and Bush administrations combined.

February 11, 2001: President Jorge Battle of Uruguay becomes the first head of state in Latin America to call for drug legalization.

February 12, 2002: The same day that President George W. Bush issues his National Drug Control Strategy, DEA agents raid the Harm Reduction Center, a medical marijuana club in San Francisco.

February 10, 2003: South Dakota's HB 1153 passes the state's House of Representatives. The bill revises the current penalties for marijuana distribution to include "intent to distribute."

February 6, 2004: The US Court of Appeals for the Ninth Circuit rejects the DEA's ban on hemp foods.

Weekly: This Week in History

February 1, 1909: The International Opium Commission convenes in Shanghai. Heading the US delegation are Dr. Hamilton Wright and Episcopal Bishop Henry Brent, who both try to convince the international delegation of the immoral and evil effects of opium.

January 31, 1945: A New York Times article reports an increase in marijuana trafficking and mentions that an official at the Treasury Department says that traffic in some instances reaches "the proportion of well-financed national and international conspirators." One of the New York gangs which came under investigation was the "107th Street Mob," formerly headed by the notorious mobster "Lucky" Luciano.

February 3, 1987: Carlos Lehder is captured by the Colombian National Police at a safe house owned by Pablo Escobar in the mountains outside of Medellin. He is extradited to the US the next day. On May 19, 1988 Lehder is convicted of drug smuggling and sentenced to life in prison without parole, plus an additional 135 years.

February 5, 1988: A federal grand jury in Miami issues an indictment against Panamanian General Manuel Noriega for drug trafficking. Noriega had allowed the Medellin cartel to launder money and build cocaine laboratories in Panama.

February 4, 1994: An unpublished US Department of Justice report indicates that over one-third of the drug felons in federal prisons are low-level nonviolent offenders.

January 30, 1997: New England Journal of Medicine editor Dr. Jerome Kassirer opines in favor of doctors being allowed to prescribe marijuana for medical purposes, calling the threat of government sanctions "misguided, heavy-handed and inhumane."

February 4, 2003: Jurors who had convicted Ed Rosenthal on federal marijuana cultivation charges hold a press conference, saying they were deceived by the withholding of information about Rosenthal's involvement in medical marijuana, that they would not have convicted him had they known, and calling for a new trial.

February 4, 2003: The New York Times publishes an editorial defending Ed Rosenthal and medical marijuana. It says, in part: "The Bush administration's war on medical marijuana is not only misguided but mean-spirited. Doctors have long recognized marijuana's value in reducing pain and aiding in the treatment of cancer and AIDS, among other diseases. A recent poll found that 80 percent of Americans support legalized medical marijuana. The reasons the government gives for objecting to it do not outweigh the good it does. And given the lack of success of the war on drugs in recent years, there must be better places to direct law enforcement resources."

February 2, 2004: A congressional budget rider known as the "Istook Amendment," after its sponsor, US Rep. James Istook (R-OK), takes effect. The law penalizes any transit system that accepts advertising "promot[ing] the legalization or medical use" of illegal drugs such as marijuana by cutting off all federal financial assistance, which often amounts to millions of dollars. Four months later US District Court Judge Paul Friedman rules that Istook's law violates the First Amendment by infringing on free speech rights, and is thus unconstitutional.

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