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Civil Liberties and Drug Prohibition

CJPF President Eric E. Sterling's speech, "Drug Laws and Thought Crime," to a Temple University Law School symposium in the Spring of 2001 is published in the Temple Political & Civil Rights Law Review: Drug Laws and Thought Crime.
September 13, 2002

Sterling's remarks, "Drug Laws and Thought Crime," argue that the war on drugs serves to maintain white privilege vis a vis African Americans, and other people of color, by disproportionately stigmatizing and punishing them. Drug prohibition was created along with re-segregation policies after Plessy v. Ferguson (1896). It was reanimated by racially tinged competition for jobs in the 1930s in which whites, displaced by the depression and the "dust bowl" sought employment advantages against Mexican agricultural laborers in California. It matured in the 1960s and 1970s in a reaction to the civil rights movement, urban riots, and a dramatic increase in crime in the U.S. The "war on drugs" was fully expressed in the 1980s and 1990s in the legislative and law enforcement response to the crack epidemic, depicted by the media as a urban, black phenomenon of crime and depravity.

The analysis compares the flat rate of American prison incarceration from 1930 to 1970--while segregation remained legally in place, with the explosive rise in incarceration rates since segregation was outlawed. Sterling argues that the war on drugs which is driving the disproportionate increase in prosecution and incarceration of African-Americans and Hispanics has, for the last third of the Twentieth century, served to maintain the privileged social and economic position of whites compared to people of color.

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Drug Policy: A Smorgasbord of Conundrums Spiced By Emotions Around Children and Violence By Eric E. Sterling. Valparaiso Law Review. Spring 1997, Volume 31, Number 2. This excerpt is from a 49-page law review comment in a 500-page symposium volume, "Juvenile Crime: Policy Proposals on Guns, Violence, Drugs and Gangs," addresses the complexities of drug policy and how it is shaped by concerns about children and public safety. Discusses availability of illegal drugs, drug use by children, the "right" to use drugs, crack markets and violence, drug dealing by adolescents, the handicap of drug prohibition on urban redevelopment, and issues regarding medical marijuana. It responds to two articles, one by Daniel D. Polsby, and one by Mark A.R. Kleiman.

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Law Enforcement Against Entheogens: Is It Religious Persecution? By Eric E. Sterling. Excerpted from a chapter in the book Entheogens and the Future of Religion. Edited by Robert Forte. San Francisco, CA: Council on Spiritual Practices (1997). An excerpt from the chapter by Eric E. Sterling discusses the history and nature of laws against the use of entheogens -- peyote, marijuana, and other plant materials used for spiritual purposes.

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The Bill of Rights: A Casualty of the War on Drugs? Delivered by Eric E. Sterling at the 92nd convention of the Colorado Bar Association, Aspen, Colorado. Puts forth the thesis that "the most tragic casualties of the 'war on drugs' are our constitutional liberties," September 14, 1990



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