Comments on: South Dakota NORML’s Bob Newland sentenced to shut up about ending marijuana prohibition

By: Stash for Wed, Jul 8, 2009 | NORML Daily Audio Stash

Stash for Wed, Jul 8, 2009 | NORML Daily Audio Stash — Thu, 09 Jul 2009 02:21:30 +0000

[...] South Dakota NORML’s Bob Newland sentenced to shut up about ending marijuana prohibition [...]

By: Bear Bait

Bear Bait — Wed, 08 Jul 2009 23:09:28 +0000

Don’t worry we have a president in the white house that was a Constitutional law professor, if the war on drugs violated our Constitutional rights, surely he would have directed the Justice Department to change the way federal drug policy is enforced.

or not.

By: Radical Russ

Radical Russ — Wed, 08 Jul 2009 15:05:28 +0000

I will keep us updated on Bob’s progress and whether he sues.

By: Radical Russ

Radical Russ — Wed, 08 Jul 2009 15:05:07 +0000

Actually, people do have the right to freedom of speech behind bars. Maybe not computers and internet access, but certainly free speech.

http://www.adl.org/civil_rights/prison_ex.asp#q2

I don’t think there is a compelling “penological concern” about a man who won’t be in prison (his sentence is 45 days locked up, but one year shut up) exercising his right to political expression.

By: fallibilist

fallibilist — Wed, 08 Jul 2009 11:55:22 +0000

Russ, this was a great post. I especially liked your enumeration of how practically all of our Bill of Rights is undermined by the pernicious effects of the War on Drugs. I agree with you that adults in a free country shouldn't be criminally punished for using marijuana. However, to answer your question, I think that given the fact that our duly enacted laws prohibit marijuana, it is reasonable that their can be punishments for breaking those laws. You ask:

Can someone give me an easy way to explain to Messrs. Madison, Jefferson, Adams, and Hamilton how much we love their 1st amendment, but in our time a judge has to suspend it for people convicted of growing hemp?

But people don't have the right to freedom of speech (in the robust sense) behind bars. For instance, if I'm a blogger and I'm sentenced to jail for tax evasion, I don't necessarily have a right to access to a computer and the internet to continue updating my blog. Put another way, depriving me of my "freedom of speech" is not unjust when done after conviction for violating the law. Quoting the Fifth Amendment of the Constitution:

No person shall be... deprived of life, liberty, or property, without due process of law

So you CAN deprive someone of liberty with due process of law. No one complains about throwing the murderer in jail and thus depriving the killer of his liberty. Treating pot smokers like killers or child rapists is ridiculous. This is why we work to change our marijuana laws: they're too absurd to enforce.

By: WakeUpDead

WakeUpDead — Wed, 08 Jul 2009 03:58:44 +0000

I cant see how this will fly, why arent there fifty lawyers linning up for this appeal Or is he not allowed to appeal also?

See they bend all the laws just to keep this failed policy alive and well. Now they are changing the constitution to keep locking and now shutting us up!