http://ap.tbo.com/ap/breaking/MGBDEPP1G4E.htmlJustice Department Opts Not to Defend Law Limiting Pro-Marijuana AdsBy Mark Sherman Associated Press Writer
Published: Jan 26, 2005
WASHINGTON (AP) - The Justice Department has decided not to appeal a judge's decision throwing out a law aimed at keeping pro-marijuana ads out of the nation's bus and subway stops.
The law threatened to cut off up to $3.1 billion in federal funds to local transit authorities in 2004 if they displayed ads promoting the legalization or medical use of marijuana or other drugs. U.S. District Judge Paul Friedman ruled in June that it unconstitutionally infringes on free speech rights.
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The letter, sent last month, was made available Wednesday by the American Civil Liberties Union, one of four groups that sued the Transportation Department last year to overturn the provision that was tacked onto a 2004 spending bill by Rep. Ernest Istook, R-Okla. An Istook spokesman said the lawmaker had no comment on Clement's letter.
The Washington Metropolitan Area Transit Authority declined to run ads submitted by the ACLU and three drug advocacy groups, saying it feared a loss of at least $85 million in federal aid. Washington Metro is the only city transit authority named in the lawsuit, but the groups that filed it said San Francisco and New York could stand to lose at least $100 million and $75 million respectively if they accepted similar ads.
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