cannabisnews.com: Judge Says T Can Say No To Ads on Marijuana Laws










  Judge Says T Can Say No To Ads on Marijuana Laws

Posted by CN Staff on August 02, 2002 at 08:30:55 PT
By Thanassis Cambanis, Globe Staff 
Source: Boston Globe  

The MBTA won't have to post controversial ads from a group advocating the legalization of marijuana after spending more than $500,000 to fight a lawsuit filed by Change the Climate, a federal judge ruled yesterday. But in his decision, US District Judge Robert E. Keeton ordered the T to create consistent, fair, and comprehensible guidelines to avoid legal quagmires over political or potentially offensive ads.
Keeton called the T's advertising guidelines ''constitutionally flawed,'' but stopped short of ordering it to post Change the Climate's campaign, which features slogans such as ''Police are too important, too valuable, too good to waste on arresting people for marijuana when real criminals are on the loose.'' ''We think the court vindicated the T's stated goal of protecting the thousands of schoolchildren who ride the T every day from offensive advertising,'' MBTA general manager Michael T. Mulhern said.This spring Mulhern acknowledged that the T needs to revamp its advertising guidelines, which are more restrictive than most urban transit systems in the country and have been targeted in several lawsuits for being inconsistent, unclear and unconstitutional.Change the Climate filed a federal lawsuit two years ago, accusing the T of violating the group's First Amendment rights. Since the T accepts some ads with political content, the group argued, it cannot discriminate against viewpoints it finds disagreeable.But Keeton ruled that subway stations and buses don't meet the legal standard of a public forum. ''It would be unacceptable to make the MBTA's advertising space subject to the same standard as a public park, subjecting captive audiences of commuters, tourists, and schoolchildren to all sorts of graphic advertisements,'' Keeton wrote.Furthermore, Keeton said, Change the Climate's advertisements ''promote the use of marijuana in subtle ways.''Attorneys representing Change the Climate from the Massachusetts Civil Liberties Union and the law firm Rodgers, Powers & Schwartz were on vacation and could not be reached for comment.The T must create a broad-based advisory board to help craft new advertising guidelines, which are scheduled to be completed this fall, Keeton ordered. Mulhern said the T would include groups like Change the Climate in the advisory board. ''The T, like any public agency, takes very seriously constitutional issues such as freedom of speech,'' he said.This story ran on page B2 of the Boston Globe on 8/2/2002.Source: Boston Globe (MA)Author: Thanassis Cambanis, Globe StaffPublished: August 2, 2002Copyright: 2002 Globe Newspaper CompanyContact: letter globe.comWebsite: http://www.boston.com/globe/Related Articles & Web Site:Change The Climate http://www.changetheclimate.com/Sheltering Straphangers from ... Controversy?http://cannabisnews.com/news/thread12054.shtmlMBTA Asks Court for Freedom To Disapprove Ads http://cannabisnews.com/news/thread11903.shtmlBanned in Boston - Reason Magazinehttp://cannabisnews.com/news/thread11897.shtml

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Comment #14 posted by Robbie on August 03, 2002 at 10:08:28 PT
What if I think any ad is offensive?
I say absolutely no ads for Republicans, because they are offensive. Will the judge allow the ban of those as well?
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Comment #13 posted by dddd on August 03, 2002 at 03:04:08 PT
....*#%*##!*....
"''We think the court vindicated the T's stated goal of protecting the thousands of schoolchildren who ride the T
      every day from offensive advertising,'' MBTA general manager Michael T. Mulhern said."
 
 
....."offensive advertising"...?...what a pile of CRAP!
 
........glad you made it back from hell i_rule....good to see you......dddd
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Comment #12 posted by JR Bob Dobbs on August 02, 2002 at 13:21:32 PT
Masscrusader has it right
>>It is easier to catch a patient in a wheelchair than someone hyped on PCP.  It's like the two cops in the Stossel special who were watching the NORML rally. One agreed the protesters were harmless. The other said she'd rather be there than elsewhere. Why? Because it's more dangerous chasing real criminals!
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Comment #11 posted by mayan on August 02, 2002 at 11:53:29 PT
Offensive?
''We think the court vindicated the T's stated goal of protecting the thousands of schoolchildren who ride the T every day from offensive advertising,'' MBTA general manager Michael T. Mulhern said.Anything can offend anyone. A Macdonalds ad can offend a vegetarian. A cigarette ad can offend a non-smoker. They should just ban all ads out of fear of "offending" anyone!What an a**hole!
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Comment #10 posted by p4me on August 02, 2002 at 11:48:25 PT
Toker00
There are two links you need to read. There was a Playboy article that was absolutely the best thing going when it came out.It broke the wall of silence on the truth and the article was called "Put these guys in Rehab": http://www.cannabisnews.com/news/13/thread13091.shtmlA second article that had a clear impact was the Rolling Stone article titled "Europe Loosens its Drug Laws": http://www.cannabisnews.com/news/13/thread13206.shtmlI also recommend a very good article that came out at Yellowtimes.org: http://www.yellowtimes.org/article.php?sid=467&mode=thread&order=01,2
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Comment #9 posted by masscrusader on August 02, 2002 at 11:17:48 PT

oh yeah
Has anyone ever been on the MBTA? It is in horrible shape, and 500,000 dollars wouldn't hurt. But who cares about that..or ethics. A guy the other died of a heart attack because they wouldn't stop.
Think about that one
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Comment #8 posted by masscrusader on August 02, 2002 at 11:15:32 PT

To quote myself
The DEA can eat Sh*t and die.
But only of if the sh*t has been through drug tests
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Comment #7 posted by FoM on August 02, 2002 at 11:14:19 PT

Toker00
If you have video capabilities check out the top link. This was just show a few days ago and sums up the failure of the drug war and no commercials either! Actually if I were you I'd watch all the video programs and then the articles will make good sense. If not check out the transcripts. Enjoy!
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Comment #6 posted by masscrusader on August 02, 2002 at 11:14:19 PT

Reasons
I finally figured it out, guys (and gals)..It is easier to catch a patient in a wheelchair than someone hyped on PCP.Especially when you are a bunch of DEA cowards.

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Comment #5 posted by Toker00 on August 02, 2002 at 11:08:38 PT

Thank you Mery Vutch, FoM! :)
Now I can stop speed reading, and just munch on the goodies.PPffffsssssttttt.Peace. Realize, then Legalize.
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Comment #4 posted by FoM on August 02, 2002 at 11:04:47 PT

Toker00
Good to see you. There has been lots of good news over the last two months. I don't know where to begin. Canada and England are getting with the program and decriminalizing it seems. The John Stossel special was superb. Phil Donahue did an excellent program on marijuana. Here are a few links.
CRRH Video Link - John Stossel
http://www.crrh.org/hemptv/news_ABCnewsJ.html

CNN Crossfire: The Medical Marijuana Debate
http://www.pot-tv.net/ram/pottvshowse1436.ram

Donahue on Marijuana
http://www.pot-tv.net/ram/pottvshowse1446.ram

 MSNBC Transcripts: Phil Donahue - July 29, 2002
http://cannabisnews.com/news/thread13581.shtml

MSNBC Transcripts: Phil Donahue - July 18, 2002
http://cannabisnews.com/news/thread13481.shtml 

John Stossel Takes on the Drug War
http://cannabisnews.com/news/thread13579.shtml

Just Say No: Government’s War on Drugs Fails
http://cannabisnews.com/news/thread13578.shtml 

CNN Transcripts: Kevin Zeese & Connor
http://cannabisnews.com/news/thread13541.shtml

Audio: Kevin Zeese vs. Ken Connor 
http://highwire.stanford.edu/~straffin/dp/

NORML Pictures from Press Conference
http://norml.org/index.cfm?Group_ID=5359 

Crossfire Transcripts: Keith Stroup & Hutchinson
http://cannabisnews.com/news/thread13530.shtml 
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Comment #3 posted by Toker00 on August 02, 2002 at 10:44:27 PT

What's wrong with a little...
...truth in advertising? It's ok to advertise the lies and propaganda, but try putting the truth out there. :(Who needs MBTA anyway. The truth don't NEED no stinkin advertisement.Been to hell and back, folks. I have a lot of catching up to do. Hope to find more good news than bad. Anyone care to give me a quick summary of the most interesting posts over the last two months? That's ok. It's just great to be back home.Peace. Realize, then Legalize.
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Comment #2 posted by Ethan Russo MD on August 02, 2002 at 09:15:55 PT:

Shame
It seems that the old rubric, "Banned in Boston" still applies. I am ashamed of my old hometown.
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Comment #1 posted by Sam Adams on August 02, 2002 at 08:49:25 PT

no worries
Last I heard from Change the Climate, they were expecting to lose this round - the judge had made some obviously bigoted remarks during hearings.But, the appeal is expected to be a slam-dunk victory for Change the Climate. Seeing that the judge actually cited the MBTA's policy as constitutionally invalid, I would think their chances just went up even higher.
 
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