Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, November 13, 2012

Marijuana Now Legal in Colorado, Unless it Isn't



This is what the world’s coming to. Back in my day, we didn’t
expect handouts from anyone—we had to
work for our weed.

Perhaps somewhat lost in the tumult accompanying last week’s reelection of President Barack Obama was the passage of Colorado’s Amendment 64, which legalized the use of recreational marijuana and left the entire state feeling somewhat stunned that it was more pot-friendly than Oregon.

Well, Amendment 64 sort of legalized marijuana, anyway. Marijuana—or “dope,” as it was called by cool kids a million years ago—is still illegal according to the United States government, and while we did pretty poorly in our tenth-grade Government & Law class, we’re reasonably certain that Colorado was the sixty-eleventh state admitted into the Union, and is thus in some small way affected by the United States government. So in a way that only Erwin Schrödinger—or perhaps a lesser but more thoroughly stoned physicist—could truly appreciate, marijuana use in Colorado is simultaneously legal and illegal.1


This Amendment’s passage sets up a potentially lengthy and involved showdown between the federal government and a local governor less than thrilled to be backing the new law.2 Furthermore, the amendment, having received more than 1.3 million votes of support, may fundamentally alter the age-old stereotype of marijuana users from shiftless, lazy, slacker potheads to motivated, politically involved activists who may or may not remember how they ended up in this voting booth, or why the ballot is watching them.

One place in Denver, Colorado, that sells pot.

In the twelve years since Colorado passed Amendment 20, which legalized the use of medicinal marijuana in the state, the federal government has done little to affect the drug’s expanding availability, which may have fed the public support for this year’s Amendment 64.

It remains to be seen whether the government lacks the manpower or funding to deal with the potential legal quagmire, or is simply not interested in doing so, but for the time being, Colorado is the place to be for the discerning smoking aficionado interested in breaking somewhat fewer laws than usual.


That one place in Boulder, Colorado, that doesn’t sell pot.






In a completely unrelated development, applications to the University of Colorado–Boulder have risen by 32,150% over the last six days. Experts attribute the increase to the popularity of skiing, and young people’s love of John Denver.



This photo of Boulder was taken at 4:20. We don’t know
what this means, though, because we’re pretty square.


NOTE
1. It’s probably too much to hope for, but if that humble sentence can someday at least momentarily boggle the mind of a reader who’s recently toked up, we’ll consider this entire blogging enterprise to be a success.
2. It might be ironic that Governor Hickenlooper has reservations about legalizing a drug that sometimes makes people do stupid shit, given that he made good money selling people beer—but we’ll leave that discussion for another day, or somebody else’s column.

Sunday, February 19, 2012

Executive Order 9066: February 19, 1942

  
Just imagine a menace like this loose on your streets.1

 On February 19, 1942, President Franklin Delano Roosevelt signed United States Executive Order 9066, allowing the government to remove more than 100,000 U.S. residents of Japanese ancestry—the majority of them American citizens—from their homes and place them in internment camps. Many were given only days to find caretakers or storage for the possessions they were not permitted to take with them; many had to sell their homes, farms, or businesses, “usually at great financial loss.”2





Fortunately for America’s soul and conscience, this policy of infringing on the rights of its own citizens was the result of clearheaded strategic thinking and military necessity. It was designed to put an end to the plague of clandestine fifth-column terrorist attacks that had never happened, perpetrated by tens of thousands of citizens who had done nothing wrong, who were never put on trial because they had never been charged, and never been charged because no crime had been committed in the first place—and had nothing to do with bigotry, widespread stereotyping, ignorance, or hatred.

Nothing at all.





“I am for the immediate removal of every Japanese on the West Coast to a point deep in the interior. Let ’em be pinched, hurt, hungry, and dead up against it. Let us have no patience with anyone whose veins carry his blood. Personally, I hate the Japanese and that goes for all of them.”
— Henry McLemore, Sacramento Union, Jan. 30, 19422



“A viper is a viper, wherever the egg is hatched—so a Japanese-American, born of Japanese parents, grows up Japanese, not an American.”
Los Angeles Times, 19424




“Their racial characteristics are such that we cannot understand or trust even citizen Japanese.”
— Henry L. Stinson, Secretary of War, l9425



“The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken.”
—Lieutenant General John L. DeWitt, landing a two-for-one shot on both
Constitutional rights and common sense, February 19426




“[T]he hand that held the dagger has struck it into the back of its neighbor.”
—Franklin Delano Roosevelt, 19407

As the date of the above quotation clearly indicates, Roosevelt was talking about something else entirely—the Italian invasion of France in June 1940—but it struck us as a particularly apt statement. It’s unknown whether Roosevelt or millions of panicked or bigoted Americans knew that in February 1942, theirs were the hands that held the dagger.


REFERENCES
1. WRA photograph by Carl Iwasaki.
2. “Japanese American internment,” Wikipedia article, accessed 19 February 2012, right before breakfast.
3. archive.itvs.org.
4. nuclearfiles.org.
5. archive.itvs.org.
6. du.edu.
7. millercenter.org




Tuesday, January 4, 2011

Price on Freedom of Speech Raised to $500

Countless bumper stickers across the country remind us that “Freedom Isn’t [or occasionally Ain’t] Free,” and 2004’s Team America: World Police took this one step further by calculating the price of freedom to be precisely $1.05. Apparently, though, the good folks in Milwaukee, Wisconsin, have decided to up the ante considerably. On December 21, 2010, bus passenger and recent Milwaukee transplant Terry Duncan found out just how costly his freedoms were after he was fined five hundred dollars by an undercover police officer simply for speaking.1

A few things worth mentioning here:
  • Duncan was not acting in a hostile or abusive manner to the driver or his fellow passengers.
  • Duncan was not threatening the president (or past presidents), which as we all know is a federal offense, even if the president in question, past or present, kinda sucks. Which he quite possibly does. Warren G. Harding, I’m looking at you.
  • Duncan was not shouting “fire” in a crowded theater, which is considered a no-no if the theater is not, in fact, on fire.
What Terry Duncan did on that bus, simply put, was use naughty words. He wasn’t swearing at anybody, but rather was merely “engaged in a conversation when he let the expletives slip.” He said both “fuck” and “shit”2 conversationally—perhaps as little as once each3—and received not only a ticket but also a healthy ration of smirking disdain from fellow passengers who, as accomplished legal scholars, are well aware that their Constitutionally-protected right to not be offended trumps others’ rights to free speech.4

We here at Bowling in the Dark tend to swear fairly often, but despite our personal flaws, we aren’t big fans of vulgarity. We’re saddened when we hear it from the mouths of children (except when it’s funny), and believe that excessive use of profanity is embarrassing and usually a sign of a limited vocabulary. But the unpleasant nature of naughty language doesn’t give us the right to control anybody’s language but our own.

An official statement from the Milwaukee County sherriff’s department addressing the matter claims that “people should be able to ride the bus without feeling intimidated by someone’s language or behavior.” Bus passengers interviewed after the incident tended to agree:
“You can’t swear. A lot of people don't like all the ‘f’ words and ‘s’ words around their kids, and there’s a lot of elderly people on the bus, and you have to respect your elders so, that’s what he gets.—bus passenger Ebony Jett6

“I think he should have got [the ticket]. Kids be on the bus, families be on the bus. Nobody wants to hear that kind of language.”—bus passenger Jean Jones

People should not get on the bus having to hear disruptive conversations. You can get a fine for that. It’s the law. You can’t do that.”—bus passenger Tiffany Coo

In the interest of giving equal time to opinions actually worth having, though, let’s hear from somebody who actually fought for others’ liberties instead of trying to whittle away the ones he didn’t like:
“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”—George Washington
We admit that General Washington didn’t specifically say “and that includes naughty words, too,” so it could be argued—albeit very stupidly—that he may actually have approved of stomping on certain folks’ rights when he didn’t like what he was hearing, despite having clearly stated the opposite. Fortunately, other smart folks have chimed in on the subject over the last 2,300 years:

“Free speech is the whole thing, the whole ball game. Free speech is life itself.”—author Salman Rushdie 
 
“The basis of a democratic state is liberty.”Aristotle, 384 BC-322 BC

“The First Amendment is often inconvenient. But that is besides the point. Inconvenience does not absolve the government of its obligation to tolerate speech.”—U.S. Supreme Court Associate Justice Anthony Kennedy
Salman Rushdie, as you should well know, has more experience than most anybody at being persecuted simply for expressing himself; Aristotle, while perhaps better known for having married Jackie Kennedy, also dabbled in education, science, government, philosophy, politics, and ethics,7 and is known for knowing a thing or two; and it could be argued that a U.S. Supreme Court Justice with more than three decades of judicial experience has a better sense of what’s appropriate, legally and Constitutionally speaking, than the Milwaukee County Sherriff’s Department or a bunch of schmucks on a bus.

But ignore all their qualifications if you like, and instead just boil down the comments from each group to their basics, and decide which attitude sums up what this country and its citizens’ attitudes on free expression should be. In fact, skip that first part; we’ve boiled it down for you:
  1. “You must be allowed to say what you want, even if I don’t like it.”
  2. “You can’t say what you want because I don’t like it.”
Or, to illustrate it a touch more crudely,

Figure 1.1: the two ends of the spectrum of opinions on freedom of speech. 

Pick a side. 

(Hint: the guy on the left is very unlikely to advocate killing the douchebag on the right.)


NOTES
1. We use the word speaking here for convenience; it’s a handy way to represent the much more cumbersome phrase exercising one’s once-Constitutionally-protected right to free speech.
2. If you’re offended that we typed out the words “fuck” and “shit” instead of a more family-friendly “f___” or Beetle Bailey-style “@$#!” . . . well, frankly, it’s a little surprising that you allow yourself to have unmonitored access to the internet, but nevertheless we sincerely apologize for having troubled you with language that, admittedly, can occasionally or even often be inappropriate or offensive. You’d be well within your rights to ask us to tone it down, and it’s quite possible that we’d oblige—we may be jerks, but we don’t like looking like jerks. On the other hand, if you think you have or deserve the right to prevent us from using this kind of language, you can go fuck yourself.
3. Duncan said he used “two words,” which could mean that he swore only twice or that he swore multiple times, but used only those two particular words—the articles we’ve found haven’t been particularly clear on this point.
4. Here we’re trying to use irony,5 but it’s a slippery concept that we can usually recognize but can’t really define and rarely use properly. If we haven’t pulled it off correctly, and you’re not sure what we’re getting at, contact us privately and we’ll send you a copy of our extensive notes.
5. Some might say that we’re not being ironic, we’re just being pricks. That’s probably fair.
6. We here at Bowling in the Dark have no way of knowing whether this person’s name really is “Ebony Jett,” but we promise you that we weren’t the ones who made it up.
7. No real footnote here, we’re just a bit giddy to see the words politics and ethics in the same sentence. It’s like spotting a unicorn.