Drug WarRant

Could be any day now for the decision in this Supreme Court case. Will it be a victory for free speech and the rights of students to have a life that isn’t controlled by the schools? Will it be the beginning of a drug war exception to the first amendment and establish the right of schools to censor anything that doesn’t fit what they determine to be the correct message? Or will it be something else entirely?
Note: For those who would like a quick refresher in constitutional law, read this funny piece by Walter Dellinger, wherein he is, sadly, able to boil down Supreme Court jurisprudence to its bare essence.
Update: Bong Hits case opinion not released today. They’re taking their time with it.
Further update: I was wrong (ScotusBlog was wrong for a moment as well, which is where I got my mistake). It’s decided, and it’s not great (but it’s not really that bad, either).
Justices ruled that “Bong Hits 4 Jesus” was advocating illegal drug use, the unfurling of the banner was related to a school activity, and that the principal was in her rights to censor speech that advocated or “celebrated” illegal drug use. However, the decision was narrow…
Via ScotusBlog:

Morse is a very limited holding — essentially limited to the drug context. The Alito concurrence, joined by Kennedy, is controlling. He writes:

I join the opinion of the Court on the understanding that (a) it goes no further than hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of 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.’Š
The opinion of the Court does not endorse the broad argument advanced by petitioners and the United States that the First Amendment permits public school officials to censor any student speech that interferes with a school‰s ‹educational mission.Š See Brief for Petitioners 21; Brief for United States as Amicus Curiae 6. This argument can easily be manipulated in dangerous ways, and I would reject it before such abuse occurs.
Speech advocating illegal drug use poses a threat to student safety that is just as serious, if not always as immediately obvious. As we have recognized in the past and as the opinion of the Court today details, illegal drug use presents a grave and in many ways unique threat to the physical safety of students. I therefore conclude that the public schools may ban speech advocating illegal drug use. But I regard such regulation as standing at the far reaches of what the First Amendment permits. I join the opinion of the Court with the understanding that the opinion does not endorse any further extension.

…. The Chief Justice’s opinion, too, indicates that the case would have come out differently if the banner had “convey[ed] any sort of political or religious message,” such as that involved in “political debate over the criminalization of drug use or possession,” rather than (in the Court’s view) mere “student speech celebrating illegal drug use.”
Debate, political and religious messages — protected. “Celebration” of illegal activity (drug use, anyway) — no go. That’s the upshot.

The fact that the court specifically said that it does not support restriction of speech “on issues such as ‘the wisdom of the war on drugs or of legalizing marijuana for medicinal use.'” is an important victory. That protects the creation of SSDP chapters, etc.
The really odd thing about this case is that the Supreme Court of the United States of America has now apparently ruled that a bunch of guys in robes knows what the phrase “Bong Hits 4 Jesus” means, and that it specifically advocates illegal drug use.
Update: Justice Thomas’ concurrence is odd and rather frightening. He doesn’t believe that students have any free speech rights at all.
Breyer in his dissent in part, concurrence in part says that the Court should have ruled that the Principal wasn’t liable for damages since she was acting in good faith, but that the Court shouldn’t have ruled at all on the First Amendment issue.
Stevens, Souter and Ginsburg dissented:

I am willing to assume that the Court is correct that the pressing need to deter drug use supports JDHS‰s rule prohibit-ing willful conduct that expressly ‹advocates the use of substances that are illegal to minors.Š App. to Pet. forCert. 53a. But it is a gross non sequitur to draw from these two unremarkable propositions the remarkable conclusion that the school may suppress student speech that was never meant to persuade anyone to do anything.
In my judgment, the First Amendment protects student speech if the message itself neither violates a permissible rule nor expressly advocates conduct that is illegal and harmful to students. This nonsense banner does neither, and the Court does serious violence to the First Amend-ment in upholdingÖindeed, laudingÖa school‰s decision to punish Frederick for expressing a view with which it disagreed. […]
it is one thing to restrict speech that advocates drug use. It is another thing entirely to prohibit an obscure message with a drug theme that a third party subjectivelyÖand not very reasonablyÖthinks is tantamount to express advocacy. […]
To the extent the Court independently finds that‹BONG HiTS 4 JESUSŠ objectively amounts to the advocacy of illegal drug useÖin other words, that it can most reasonably be interpreted as suchÖthat conclusion practically refutes itself. This is a nonsense message, not advocacy. The Court‰s feeble effort to divine its hidden meaning is strong evidence of that. […]
Admittedly, some high school students (including those who use drugs) are dumb. Most students, however, do not shed their brains at the schoolhouse gate, and most students know dumb advocacy when they see it. The notion that the message on this banner would actually persuade either the average student or even the dumbest one to change his or her behavior is most implausible.

And check out this amazing passage in the dissent:

Reaching back still further, the current dominant opinion supporting the war on drugs in general, and our anti-marijuana laws in particular, is reminiscent of the opinion that supported the nationwide ban on alcohol consumption when I was a student. While alcoholic beverages are now regarded as ordinary articles of commerce, their use was then condemned with the same moral fervor that now supports the war on drugs. The ensuing change in public opinion occurred much more slowly than the relatively rapid shift in Americans‰ views on the Vietnam War, and progressed on a state-by-state basis over a period of many years. But just as prohibition in the 1920‰s and early 1930‰s was secretly questioned by thousands of otherwise law-abiding patrons of bootleggers and speakeasies, today the actions of literally millions of otherwise law-abiding users of marijuana,9 and of the majority of voters in each of the several States that tolerate medicinal uses of the product,10 lead me to wonder whether the fear of disapproval by those in the majority is silencing opponents of the war on drugs. Surely our national experience with alcohol should make us wary of dampening speech suggestingÖhowever inarticulatelyÖthat it would be better to tax and regulate marijuana than to persevere in a futile effort to ban its use entirely.

Wow!

Link. Mark R. Trouville, chief of the U.S. Drug Enforcement Administration’s Miami office:

“This ain’t your grandfather’s or your father’s marijuana,” Trouville said. “This will hurt you. This will addict you. This will kill you.”

Perhaps Trouville would care to tell us just how many people have been killed by marijuana, and then how many have been killed by DEA agents. The residents in Florida are in much greater danger from the DEA than from the most potent marijuana.

Wow. Booker redirects his anger at the war on drugs
This is big.

He is an angrier man now. And the focus of that anger is a public policy that he believes is ruining his city and threatening his hopes to change it.
The problem, he says, is New Jersey’s tough tactics in the drug war. We are heavy on jail time and unforgiving even when prisoners finish their terms. At a time when even states like Texas are changing course, we are sticking with our failed strategy.
The result is to turn thousands of young men into economic cripples and to give the crime wave in Newark a flood of fresh recruits. Booker describes it as almost an economic genocide against African-American men in his city.
And if it doesn’t change, he says, he’s ready to go to jail in protest, in the tradition of the civil rights movement.
“I’m going to battle on this,” the mayor says. “We’re going to start doing it the gentlemanly way. And then we’re going to do the civil disobedience way. Because this is absurd.
“I’m talking about marches. I’m talking about sit-ins at the state capitol. I’m talking about whatever it takes.”

The mayor calling for civil disobedience AGAINST the drug war?

He wants to reserve prison cells for those who do violence and divert the nonviolent drug offenders into treatment programs and halfway houses.

This guy really is angry.

“The drug war is causing crime,” Booker says. “It is just chewing up young black men. And it’s killing Newark.” […]
He knows it’ll be tough. But when he talks about it, the political smile disappears and he wears the expression of a man preparing to smash his head into a brick wall if that’s what it takes.
Lucky thing. Because that wall is sturdy. And it’s way past time that someone knocked it down.

You don’t hear a political official talk like this very often.

Tranform Drug Policy Foundation

NEWS RELEASE
On Tuesday June 26th the UN office of drugs and crime (UNODC) will celebrate annual World Anti-Drugs Day. Transform Drug Policy Foundation, the UK’s leading independent centre of expertise on drug policy and law reform, condemn the UNODC for once again attempting to dress up the striking failure of its anti-drugs strategy as success, and failing to speak out against mass executions of drug offenders in China.
Transform Drug Policy Foundation spokesperson Steve Rolles said:
‹In 1998 the UN drug agencies pledged to create a ëDrug Free World‰ within ten years. However, The UNODC‰s own annual world drug reports have chronicled the continued global rise in the production and use of drugs over the last decade, particularly of the most dangerous drugs, heroin and cocaine. By any measure the UNODC’s policy and ten year strategy has been an abject failure, with Afghanistan opium production breaking new records, and cocaine use in Europe rising dramatically.
‹But instead of reflecting on these failures and considering alternative strategies for controlling drug markets that do not involve wasting billions on futile eradication programmes and increasing militarization of the war on drugs, we just hear more tough talking and yet more announcements of new initiatives.
‹This year, as they launch another initiative with the motto ëdo drugs control your life‰, they should be asked why they have continually failed to condemn the practice in China of celebrating world anti-drugs day with mass executions of drug offenders. The UN Special Rapporteur on Summary or Arbitrary Executions has called on China to end the use of the death penalty for drug trafficking, yet the UNODC, who organise world anti-drugs day has never seen fit to comment on China‰s barbaric practices.

I ran across this singularly bad (and ignorant) piece of political poetry, supposedly about the drug war, and it got me thinking that maybe we have some poets in our midst who would like to try their hand at some real drug war poetry.
I’m not really talking about Ode to the Joint I Smoked Last Night (although that would be fun to read as well), but rather challenging and interesting political poetry dealing with the failures of the drug war, the incarceration, the trampling on the Constitution and individual rights, the funding of criminals and politicians (but I repeat myself).
Submit your poems to me and I’ll publish and promote the best of them on a special page in the site (please be sure to include whether you’d like your real name or a pseudonym used).
Any form of poem is welcome — haiku, limerick, free verse, ballad, sonnet, triplet, cinquain.
Submit your poems in comments, or email them to me. Here’s a couple I’ve thrown together to get you started:

coca leaves glisten
the rain noisily departs
nourishment? poison.

and

A failing Drug Czar from D.C.
To cover his ass did decree:
“I’ll demonize pot,
And lock up the lot,
For daring to think they are free.”

“bullet”

The Drug Czar’s latest “report” on teens, drugs and violence is the usual mishmash of distorted statistics and implied conclusions not drawn from the data, all in an attempt to scare people.

Today ONDCP released a new Special Report showing that teens who use drugs are more likely to engage in violent and delinquent behavior and join gangs. Early use of marijuanaÖthe most commonly used drug among teensÖis a warning sign for later gang involvement.

Of course, when the Drug Czar brings out the big guns of the numbers to support his conclusions, it all sounds scary, unless you actually look at it. Now I haven’t even looked at any of the original data he’s drawing from, but check out this one that he promotes:

Nearly one in six teens (17%) who got into serious fights at school or work in the past year report using drugs;

However, if you look at the 2007 Monitoring the Future report, you see that the percentages of any teens who used drugs in the past year are: 8th grade (14.8%), 10th grade (28.7%), and 12th grade (36.5%). So to say that 17% of teens who got into serious fights report using drugs is not a particularly alarming thing. (In fact, it appears by these numbers that teens who use drugs are actually less likely to get into serious fights.)
But this is, of course, standard operating procedure for the Czar of Lying.
For more on how stupid this all is, see Scott Morgan’s excellent posts: Pete Gets off the Couch and Joins a Gang and Marijuana Doesn’t Cause Gang Membership, but the Drug War Does.

Radley Balko’s doing some great stuff.
Today, he’s testifying “as part of House Crime Subcommittee Chairman Bobby Scott’s ‘Crime Summit.’ … topic is the militarization of domestic police departments.”
There’s nobody better to talk about that subject. And on July 19th he’s been invited to testify at hearings on the Kathryn Johnston raid.
It’s really wonderful to see the House even discussing these subjects (and that somebody had the brains to invite Radley).
Also check out his column on videotaping the policy.

“bullet” Brian Bennett challenges the drug policy reform establishment again with The Catch-22 of Drug Law Reform
“bullet” The so-called Drug Czar uses his so-called “blog” to brag Governor of Connecticut Vetoes So-Called “Medical” Marijuana Bill. He’s particularly good at being smug at taxpayer expense about the prospect of sick people suffering. It’s a talent.
“bullet” Scientists from the Pontificia Catholic University in Quito, Ecuador claim that our aerial spraying in Colombia is damaging the DNA of Ecuadorians living near the Colombian border (makes you wonder what it’s doing to the Colombians).
“bullet” William A. Collins in the East Texas Review: Some wars aren’t meant to be won

Never mind that none of this works. It‰s not meant to work. It‰s meant to promote heroic political figures, to protect wasteful prison jobs and contractors, and to keep poor people away from the dreaded voting booth. […] The ‹Drug War,Š like the ‹Terror War,Š has value in its own right. We can‰t simply end it. Jobs and votes are at stake. For many, winning the ‹warŠ would be a true calamity.

“bullet” I’m guessing Mark Kleiman has the right take on the Giuliani campaign chair being arrested for cocaine.
“bullet” Do rules hamper remedies for pain? by Kyung M. Song in the Seattle Times [from May, but worth reading]