The government has no right to censor advertisements supporting marijuana and medical marijuana, the Drug Policy Alliance argued today in a Washington, DC federal courtroom.

In January, the Alliance alerted our members to the passage of the frightening Istook Amendment, which denies federal funds to local transit authorities which accept advertisements that promote changing our nation’s drug laws. You responded with outrage and generosity. Thank you. With your support our coalition sued the government to stop this threat to free speech.

Our attorneys, partnering with those from several major drug policy reform groups, presented oral arguments before Judge Paul L. Friedman in two consolidated lawsuits filed against the United States government and the Washington Metropolitan Area Transit Authority (WMATA) for censoring the speech of those critical of the government’s “War on Drugs.” With more than $85 million in federal funding at stake, WMATA two months ago rejected an advertisement submitted by the Alliance, the ACLU, Change the Climate, and the Marijuana Policy Project that promotes the reform of our nation’s marijuana laws.

The transit agency turned down our the ad because of the Istook Amendment, so named because Rep. Ernest Istook (R-Okla.) slipped it into a massive transportation bill. WMATA’s rejection of the ad spurred the Alliance and the other drug policy reform groups to launch our suit.

“Today, it’s the government trying to censor ads that present an alternative to the failed drug war. Tomorrow it could be gagging organizations that are critical of US environmental policy,” said Bill Piper, Director of National Affairs for the Drug Policy Alliance. “This isn’t just about drug policy—freedom of speech is on the line.” An opinion piece about the lawsuit, written by Piper, appeared in the April 29 edition of the Atlanta Journal-Constitution.

In our lawsuit, we ask the court to declare the Istook Amendment unconstitutional because it coerces local transit authorities into censoring pure political speech that is protected by the First Amendment. The lawsuits name Norman Y. Mineta, U.S. Secretary of Transportation, and Richard White, the CEO of WMATA, respectively, as defendants.

Many thanks to the Alliance members and supporters who helped make this case possible. If you'd like to join our efforts to beat back government censorship, click here.