Here is latest from the Washington
Post on delightful new assault on free speech brought to us from Dianne
Feinstein and Orin
Hatch.
The Washington Post
May 26, 2000,
Friday, Final Edition
SECTION: EDITORIAL; Pg. A34
LENGTH: 330
words
HEADLINE: The Anti-Meth Bill
THE
SO-CALLED Methamphetamine Anti-Proliferation Act has been
burrowing
its way through Congress without attracting much public attention.
Some
sunshine is called for. The Senate passed the bill last year
both as part of a
bankruptcy reform bill and as a stand-alone measure.
Both parties have supported
it, and the bankruptcy bill is now pending
in a conference committee. Two
provisions that criminalize the
dissemination of information about drugs may
violate constitutional
protections of free speech.
The first makes it a crime
to "directly or indirectly advertise for
sale" drugs or drug
paraphernalia. When such advertising is in electronic
form--such as on a
Web page--the government could order the Internet service
provider
to remove it. But what is "indirect" advertising? The category is so
vague
as to threaten legitimate speech. For example, the provision could
plausibly
be read to prevent a group advocating the legalization of
medical marijuana
from providing a hypertext link to a site associated
with a drug buyers club
for AIDS patients. That can't be
constitutional.
The other provision makes it a felony
to distribute information about
the manufacturing of controlled
substances intending that the information
will be used to commit a crime
or knowing that a recipient means to misuse it.
This section, modeled on
legislation prohibiting the distribution of bomb-making information, also
seems overly broad, no matter how well-intentioned.
The
mere dissemination of information, especially without specific intent
to
further crime, seems within the bounds of free speech protections.
Even where
the publisher does intend that the information will be used
for crimes, the
First Amendment may still protect the disclosure
in many instances.
The methamphetamines bill has improved in
conference with the removal
of a troubling section that would have
expanded federal authority to conduct
secret searches. But more work needs to
be done.
.