
Istook Strikes Back - Another Attack on Nonprofit Speech
by Guest Blogger, 12/15/2003
Rep. Ernest Istook (R-OK) is seeking to muzzle all organizations that promote the legalization or medical use of any substance listed in schedule I of section 202 of the Controlled Substances Act. In doing so, Istook is stripping the free speech rights of all organizations that fight for better medical treatment for ailing patients.
It all started in Washington, D.C. where Istook encountered ads in the Metro system’s ad space suggesting for marijuana to be legalized and taxed. Outraged by the ad, Istook began taking steps of retaliation. In a Nov. 10 letter to Jim Graham, chairman of the Metro board, Istook exclaimed that Metro had “exercised the poorest possible judgment, so I must assure that [Metro] will learn the proper lessons from this experience and will only accept appropriate ads in the future.”
Metro was giving ad space to nonprofits until recently. While some believe that Metro stopped the program because it was too controversial, Metro upholds that they just did not have enough money to give away the space. In the meantime, Change the Climate Inc., a Massachusetts-based nonprofit, sought ad space for marijuana reform. The ad, available at www.changetheclimate.org, shows a picture of a man holding a woman in his arms with a tag line, "Enjoy better sex! Legalize and Tax Marijuana."
Metro had initially rejected the ad. The Americans Civil Liberty Union (ACLU) threatened a lawsuit on behalf of Change the Climate, Inc. But realized a lawsuit, if filed, could take years and cost considerably more than the ad space. They knew this because other transit authorities have faced similar lawsuits.
For his assurance, Istook took matters into his own hands and added language to this year’s omnibus appropriations bill that would cut $92,500 from Metro’s budget. This amount is actually double what it would have cost Change the Climate, Inc. to run the marijuana ad, but Istook wanted to send a message to Metro and other transit agencies. Included in his rider to the omnibus appropriations bill is a provision that would prohibit any transit agency receiving federal funds from running advertising from groups that want to decriminalize marijuana and other Schedule I substances for medical or other purposes.
Those who are familiar with Istook’s work know that he is not a fan of nonprofit advocacy. In fact, in 1995, Istook sponsored a rider to appropriations legislation that would limit the advocacy voice of the entire nonprofit sector. A unified coalition of thousands of nonprofit organizations spoke out against these Istook amendments. Eventually Istook lost his fight. However, this time Istook has added his amendment to the giant $373 billion omnibus-spending bill. Asking members of Congress to vote against the passage of the omnibus is also asking for them not to fund government.
