Topic: Law and Civil Liberties

New at Cato Unbound: Responsible Drug Use

What would we do without drug prohibition?  Well, we’d probably have to think for ourselves, make informed choices about drug use, and behave responsibly.  A scary thought.

But in a sense, we already have to do these things, because prohibition has completely failed at keeping illegal drugs out of American life. Making wise decisions is already important, and prohibition hasn’t changed much about the need to be informed and responsible.  Prohibition has, however, encouraged a great deal of misinformation about drugs, harmed our civil liberties, promoted violence, wrecked the usual market safeguards that apply to consumer goods, and made the most dangerous drugs more prevalent.

After admitting that “just ban them all” is not a viable answer, the next step in getting past drug prohibition is the search for sensible ways to interact with psychoactive drugs.  The real choice isn’t between prohibition and a final drug binge that wipes out America once and for all.  It’s between prohibition and individual responsibility – a responsibility that might mean saying “no,” but could sometimes mean saying “yes.”

This isn’t an easy message to sell, but two people have been trying for more than a decade, and their efforts have been extraordinary.  They are the pseudonymous authors Earth and Fire Erowid, who together maintain the Erowid.org drug information archive, the largest and most often visited drug information site on the Internet.

They are also the lead authors at Cato Unbound this month, and they’ve produced a remarkable essay criticizing drug prohibition, encouraging free inquiry, and insisting that sound drug policy begins with individual choice and individual responsibility.

Calvo Raid Justified?

The police have now reviewed and justified the violent break-in of Berwyn Heights, Md., mayor Cheye Calvo’s home a few weeks back. The police kicked in his front door without announcing themselves, and shot his two pet dogs dead. The police later cleared Calvo of any wrongdoing but insisted that their raid tactics were appropriate. A separate FBI investigation is under way.

We’re hosting a forum on no-knock raids here next week.  Mayor Calvo will be here to tell his story and we’ll also hear from Radley Balko, author of the Cato study Overkill, and Peter Christ, co-founder of Law Enforcement Against Prohibition.  Details here.

Convention Speeches So Far: Only a Little Terror Hype

I’m proud to report being almost perfectly indifferent to the goings-on at the two political conventions. I don’t care one way or the other about Sarah Palin, though she’s obviously an interesting pick. Here’s what interests me: the rhetoric around terrorism.

Over-the-top speechifying that stokes terrorism fears at the conventions would be bad for the country because it would help perpetuate various costly overreactions and misdirected responses to terrorism. It would encourage would-be terrorists and terrorist groups by granting them more power than their capabilities merit.

I’m pleased to report that the speeches so far have been fairly muted, including Palin’s last night, for the most part. (I’ve only reviewed the presidential and vice presidential candidates’ speeches. I’m sure plenty of speakers have said unfortunate things, but they draw far less attention than the candidates.)

Senators Obama and Biden both referred to keeping nuclear weapons out of terrorists’ hands - an appropriate aim, but perhaps not a significant enough threat to merit mention in a speech of this type. The consequences of a nuclear detonation on U.S. soil (or anywhere) would be significant, of course, but the chance of it happening is vanishingly small.

Governor Palin indulged in a little excess as she criticized Barack Obama’s putative approach to terrorism: “Al Qaeda terrorists still plot to inflict catastrophic harm on America … he’s worried that someone won’t read them their rights?”

It’s almost certainly true that Al Qaeda terrorists (and others) plot to inflict catastrophic harm on America, but what matters more is their capability to do so. The vigilance of various agencies and people almost certainly has their capabilities in check.

I suspect that the man accused of plotting to attack the Republican convention with Molotov cocktails was a more proximate danger to “the homeland,” and he undoubtedly was read his rights.

Reading terrorists their rights, and treating them with scrupulous fairness, would help start to make them boring, and it would keep the focus on their wrongdoing. This would enervate terrorism and deprive terrorist groups of recruits and support. On these grounds alone, we should all be for reading terrorists their rights.

I’ll be watching - scratch that - I’ll check the transcript tomorrow to see if Senator McCain repeats any of his terror-hyping lines. I noted here a few weeks ago when he declared himself a follower of Osama bin Laden.

It’s an exciting line - “I will follow Osama bin Laden to the gates of hell” - but it is a singularly foolish thing to say. It suggests that, as president, McCain would be owned by bin Laden.

I hope Senator McCain charts his own rhetorical course, rather than the one terrorists might like him to follow.

Florida High Court Defeats Threat to its Sovereignty

With barely a moment’s reflection, the Florida Supreme Court has stricken two amendment questions from the state’s November ballot. The first would have allowed religious institutions to participate in state programs, subject to the limits imposed by the First Amendment to the U.S. Constitution. The second would have overturned a 2006 Florida Supreme Court decision that essentially forbids the legislature from creating any alternative education programs alongside the required public school system.

The written decision has yet to be published, but whatever it says, it will be hard not to see this ruling as the latest turf battle between the Court and the voters – with the Court coming out on top yet again. This is bad news for Florida families, whose elected representatives will continue to have their hands tied on education policy.

When it comes to education in Florida, the state’s high court has asserted its sovereignty, and seems earnestly dedicated to preserving it. First it shackled the people of Florida to their troubled public school system, and now it has taped their mouths shut so that they cannot overturn its decision.

Speedy Trial?

Joseph Shepard sat in local jails for almost two years on drug related charges.  According to the St. Louis Post-Dispatch, he’s a man the system forgot–ignored by prosecutors, judges, and his own attorney. (Via How Appealing).

In North Carolina, the Courts have ruled that the busier the state gets, the more we need to forget about the constitutional rule requiring speedy trials.  And the drug war makes the courthouse a very busy place indeed.

TSA: Not Even Good at Getting it Wrong

Bruce Schneier has a very good op-ed on the Transportation Security Administration’s airport security programs in the Los Angeles Times today. The winner line: “That’s the TSA: Not doing the right things. Not even doing right the things it does.”

In fairness, security is hard. By their nature, federal agencies aren’t smart and nimble. I argued that the TSA should be scrapped in a March, 2005 Reason magazine debate.