cannabisnews.com: Court Says T Can't Bar Ad by Pro-Marijuana Group Court Says T Can't Bar Ad by Pro-Marijuana Group Posted by CN Staff on November 30, 2004 at 22:54:38 PT By Anthony Flint, Globe Staff Source: Boston Globe The MBTA's top official said yesterday he is considering either going to the US Supreme Court or banning all advertising that deals with political issues after a federal appeals court ruled that the transit agency violated free speech rights when it banned advertisements from a group seeking to legalize marijuana. ''To avoid this issue altogether, we could just ban public service advertisements," said Michael Mulhern, general manager of the Massachusetts Bay Transportation Authority. ''Now that keeps out nonprofit and social service groups, promoting messages for the public good. So that is a weighty decision." A group that favors legalization of marijuana, Change the Climate, based in Greenfield, teamed up with the American Civil Liberties Union of Massachusetts to sue the T after the authority rejected its request to place ads in buses, subway cars and trolleys. The US Court of Appeals for the First Circuit issued a ruling late Monday saying the ban was wrong.The ruling said that the MBTA is not a wide-open public forum where anything goes, and that the T's guidelines for filtering ads were reasonable. But the appeals court judges said the guidelines were used to discriminate against the Change the Climate ads.Civil liberties lawyers and First Amendment specialists said the ruling is important because government agencies must not restrict free speech.''It would really alter the nature of our society to allow the government to control the debate and decide which points of view can be heard," said Sarah Wunsch, staff lawyer for the ACLU, who argued the case along with Boston lawyer Harvey Schwartz.People might find ads that promote marijuana legalization offensive, she said, ''but we're ultimately better off allowing all points of view to be heard."In one of three ads at issue, a teenage girl is shown saying she's not stupid and knows that marijuana is not as serious a drug as cocaine.In rejecting the ads, the T argued that they would be seen by juveniles. But the court chastised the T, saying that its abundant liquor advertising is more influential on minors.Source: Boston Globe (MA)Author: Anthony Flint, Globe Staff Published: December 1, 2004Copyright: 2004 Globe Newspaper CompanyContact: letter globe.comWebsite: http://www.boston.com/globe/Related Articles & Web Site:Change The Climatehttp://www.changetheclimate.org/Court Rules Against Ban on Pot Group's Ad http://cannabisnews.com/news/thread19927.shtmlMBTA Asks Court for Freedom To Disapprove http://cannabisnews.com/news/thread11903.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by TroutMask on December 01, 2004 at 07:08:19 PT The Truth Say what I want to hear or you can't say anything at all. -TM [ Post Comment ] Comment #7 posted by BigDawg on December 01, 2004 at 06:03:47 PT Yes it does "Now that keeps out nonprofit and social service groups, promoting messages for the public good."Yup, promoting a change in draconian drug laws is a message for the public good. [ Post Comment ] Comment #6 posted by goneposthole on December 01, 2004 at 06:03:15 PT It is high time to repeal the first amendment to the Constitution.It's such a messy concept. Freedom of speech? It's starting to get in the way. Voting doesn't matter anymore, nor should freedom of speech, press and religion. This country would be better off without it. Ignorance is bliss.George Bush should issue an executive order limiting free speech or banning it all together."There ought to be limits to free speech."- George BushEspecially when it comes to banned substances. [ Post Comment ] Comment #5 posted by freedom23 on December 01, 2004 at 05:27:49 PT Speaking of Boston One of the local Public Radio stations (WBUR) had Angel Raich on last night with:· David Evans, executive director of the Drug Free Schools Coalition (First class lying Nazi). He actually said that GW Pharmaceutical's Sativex was in FDA phase III trials! The reality is the FDA refuses to accept any of GW Pharmaceutical's test data. What a lying piece of trash. This man is evil.· Robert Kampia, executive director of the Marijuana Policy Project· Mark A.R. Kleiman, professor of policy studies and director of the Drug Policy Analysis Center at UCLA, author of Marijuana: Costs of Abuse, Costs of Control.List on line at: http://www.onpointradio.org/shows/2004/11/20041130_b_main.asp "Bullshit: Penn & Teller" vs the War on Drugs [ Post Comment ] Comment #4 posted by OverwhelmSam on December 01, 2004 at 05:16:38 PT Shoot Yourself In The Foot! This guy is so prejudice against marijuana users that he is willing to lose millions of dollars in advertising just so he doesn't have to accept marijuana ads. Isn't that like cutting off your nose to spite your face or shooting yourself in the foot. The level of hate, discrimination and idoicy in our society astounds me.Dennis [ Post Comment ] Comment #3 posted by freedom23 on December 01, 2004 at 05:13:30 PT The MBTA and ads "The MBTA's top official said yesterday he is considering either going to the US Supreme Court or banning all advertising that deals with political issues"Well, someone must have told them that they have zero chance of winning this case. So now it's banning all political ads which will never happen. The MBTA depends on that revenue and the politicos toss a lot of money into ads [on the T] during election season. They'll never give up that revenue stream. The MBTA is just throwing up some smoke and mirrors but they know they've lost. The tide is changing in our favor. All we want is to speak the truth. "Bullsh*t: Penn & Teller" vs the War on Drugs [ Post Comment ] Comment #2 posted by breeze on December 01, 2004 at 01:10:21 PT Just watch sports- "In rejecting the ads, the T argued that they would be seen by juveniles. But the court chastised the T, saying that its abundant liquor advertising is more influential on minors."Sports is where the alcohol ads really take hold, including those in magazines. Oh, but wait, alcohol isn't viewed as being a deadly drug- its not addictive, and its impossible to abuse it till one dies from its properties(either long term or short, by alcohol poisoning). [ Post Comment ] Comment #1 posted by dr slider on December 01, 2004 at 00:37:21 PT: My agenda is "To avoid this issue altogether.."First and last words. [ Post Comment ] Post Comment