Part of the Consolidated Appropriations Act of 2004 (Public Law 108-199, HR 2673, January 23, 2004):
SEC. 177. None of the funds in this Act shall be available to any Federal transit grantee after February 1, 2004, involved directly or indirectly, in any activity that promotes the legalization or medical use of any substance listed in schedule I of section 202 of the Controlled Substances Act . . .
In other words, the Washington D.C. Metro, among others, cannot display anti-drug-law ads without foregoing large sums in federal subsidies. According to the ACLU, Metro has at least $85 million to lose, and has already declined to run an ad critical of existing marijuana laws. It doesn’t look like Metro has publicly stated that the new law was behind its decision.
Yesterday, the coalition group seeking to run the ad sued the U.S. Government, Metro, and Transportation Secretary Mineta. They seek a preliminary injunction and a declaration that the law violates the First Amendment. I will leave the First Amendment analysis to Eugene, should he wish to take it, but from a sheer public policy standpoint I’m with the ACLU on this one.
Whatever one thinks of the drug laws, the federal government should not be able to use public funds to protect itself from criticism.
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