By Richard CowanMay 20, 1998
Although Marijuananews.com has a special page specifically devoted to "Media Criticism," that is actually all this site is
and is about.
For many years, I have repeated that the best two-word explanation for
marijuana prohibition is simply "bad journalism." I will quickly add
"bad science," "bad medicine," and "bad law," etc. However,
the fact remains that the malpractice in all these other areas would have long-since been
exposed -- if journalism really functioned as it pretends to as our watchdog
zealously seeking out the truth. Instead, the media, mass and specialized, have become a
part of the problem, not a part of the solution. In fact, at this point the media have
three almost insurmountable problems.
The first is their complicity in the fraud. Newspapers are notorious for
burying their corrections deep in the inside pages, usually at the bottom of the page,
next to the fold. Even this is generally much better than the electronic media. It is
rather difficult to imagine a headline or broadcast beginning with "How Weve
Lied to You All These Years."
The second problem is simply one of scale. Reporters and editors like to talk
about the "Big Story," but a story can also be too big, especially today in the
age of "short-attention-span-theater." This site is not only the evidence for
what I am saying, its size is proof of the magnitude of the problem. Size does count.
I remember standing on a street in Amsterdam being interviewed by Morley Safer
of Sixty Minutes. My part never ran, perhaps because I told him that they couldnt do
the real story in sixty minutes, much less one of their little segments. (The fact that
they wanted an Amsterdam street scene even though I lived around the corner form
CBSs Washington studios, tells us something about televisions priorities.)
Finally, there is the absence of the vocabulary and context. From time to time,
I use the ponderous term the "prohibitionist paradigm" meaning simply the
prohibitionist world-view that makes it impossible for most people to see that prohibition
is the problem, not the solution. Can journalism execute a "paradigm shift?"
There are often very good stories that are critical of this or that failure of
prohibition. I call them pearls without a string. They can never be "part of the
mounting evidence that marijuana prohibition is a failure, etc.," because that topic
is just not on the public agenda. In fact, it is a "non-topic" just as
there used to be "non-persons" in the Soviet Union.
This eliminates the need for censorship. Say or write what you want, because
even if someone can hear you, they cant understand you. And if they can
understand you, the next day your words are gone to the newspaper morgue, or the even more
inaccessible files of the broadcast media. Forgotten like a dream. Obviously, given the
context in which you are reading this, the Internet is now an exception to this
sort of
almost. Indeed, that is the point of this essay.
The first thing that this site does, by its very existence, is to create a
context. The context is in the name, marijuana news. News about marijuana, medical
marijuana, and hemp. The meaning of a story can be changed just by being on this site.
Consider three recent stories.
None of them even mention marijuana. The fact that they do not is very
revealing in itself, but each of them have a relevance to the marijuana controversies,
which either the authors never understood, or their editors would not allow in print.
One of the strategic premises of maintaining marijuana prohibition is what I
call the "myth of consensus." This is the foundation of any paradigm.
"Everyone" sees it this way. "Everyone is against drugs" -- so
dont even think about it. Indeed, it is not easy to do so. There is almost no
vocabulary left with which to think. In 1984 it was explained that after the
destruction of the meaning of words, censorship would be unnecessary because thought would
be impossible.
A part of the maintenance of this "myth of consensus" is that any
criticism of prohibition encourages children to abuse drugs. Former Surgeon General Elders
was blamed for the increase in teen drug use after she suggested thinking about possibly
considering ending prohibition.
This and other anti-prohibitionist sites shatter the myth of consensus, but
they can only do so by reporting what is going on and perhaps even more important
reporting what is being reported, and what is not being reported, and how the
reporting is done. The importance of this may be in just a few words or nuances that are
meaningless without context.
Sometimes, I will begin commenting by saying that "the story is the
story." It really is very important when The New York Times reports on hemp, and how
they do it is a key part of the story. This is why I use red to highlight certain words.
It may make it easier to scan the story, but it also makes it harder to miss nuances,
which may be even more important if the reporter did not even realize what he was doing.
For example, when a reporter for the Washington Post writes that marijuana is
"ten times stronger than it was back in the 60s" does he have to check to
see if this is the party line? Does the Post have anti-fact checkers?
Where I am going with all of this -- as the title of piece indicates is
to explain why I use so many copyrighted stories in their entirety. There is simply no
other way to present a complete picture of what is going on, or more precisely, what is
being done to us. Pete Hamill has a new book called Journalism Is A Verb. Well,
we are being journalismed.
I could lift a sentence or two out of a story and say that the Post lied to us
again today, or that the AP actually reported the truth, as the case may be. However, that
really will not do the job.
Now lets get to the bottom line. My point is that the media cannot be
allowed to hide their massive malpractice behind the copyright laws.
Every time they invade someones privacy they tell us that the
"public has a right to know." Well, the public also has a right to know what the
media are doing to us. The media enjoy all manner of special protections under the law,
because they are supposed to inform us about what is "really going on." This is
truly the "life-blood" of democracy. They are even called the Fifth Estate, an
unofficial part of our system. And they are.
To be very blunt about all this, marijuana prohibition, created and
maintained by the media, is a massive violation of the Ninth Commandment: "Thou
shall not give false witness against thy neighbor."
For most of this century the leading media outlets have given false evidence to
the people of the world about a plant. I know all too well that this sounds absolutely
crazy, and it is precisely because the allegation seems so absurd that it requires such
massive proof.
Only the Internet, with its endless capacity and hyperlinking capability could
possibly be adequate to demonstrate this point. This site and others are doing just that.
But, as I am busy denouncing the hypocrisy of others, am I being a hypocrite
myself by stealing intellectual property? After all, the Eighth Commandment is "Thou
shall not steal." As it happens, copyright laws have a "loophole" called
"Fair Use," and the Eighth Commandment is aimed a preventing loss.
One of the key requirements for a copyright infringement is that there be a
significant economic loss. Substantively and morally, no one is suffering any loss by my
reprinting articles here. What I do does not "materially impair the marketability of
the work which is copied." (Harper and Row v. Nation Enterprises.)
If I post a good story and praise it, as I am happy to do, this encourages
readers to seek out the publication or writer. In order to be fair in my criticism, I
generally reproduce complete articles, whenever practical, but I do not even begin to
reproduce all of the articles about marijuana from any source. I am not reproducing a
substantial portion of anyone's work.
There is one exception to what I said about no one suffering any loss
the exception is the loss suffered by those being criticized. But for obvious
reasons -- one of the exceptions to copyrights is provided for criticism, comment and news
reporting. As I have said, what is being criticized and reported here is not just a given
article, although there is certainly plenty of that.
What I am criticizing --and documenting -- is not just certain lies, but the
abject failure of the media as a whole to report the truth.
When the Associated Press or Reuters carries a story, and it is not reported in
any major American paper as was the case with the WHOs suppression of a
report saying that marijuana was less dangerous than alcohol or tobacco -- this omission
is news. It would also be meaningless without the content.
One of the saddest commentaries on the degraded state of journalism is that a
good story or factual and honest editorial is actually news. It would also be unfair to
print only the bad. If I did that, and omitted the good, defenders of current journalism
could rightly say that I was doing what I accuse them of doing.
By the way, contrary to what many may think, "fair use" does not
apply only to non-profits. In Campbell v. Acuff-Rose, the Supreme Court even
quoted Dr. Samuel Johnson as saying "no man but a blockhead ever wrote, except for
money." Well, I have been a blockhead more than once, but this site is a .com and is
not intentionally non-profit.
Ironically, one of the key exceptions to copyrights, in addition to those cited
above, is that the use of the copyrighted material is such a way that is
"transformative" and changes the original meaning. Yes, I add links, highlights
and often comments, which could not be done without reproducing the article, but its
very presence in this context often changes or even reverses its meaning entirely.
Readers of this site, especially students, tell me that they had never realized
the extent of the deceit until they see it laid out in front of them. I sometimes compare
marijuana prohibition to the Grand Canyon. A picture just does not do it justice. Even
when you have been there several times, it is still incomprehensible in its size.
I believe in intellectual property rights, and I would not deprive anyone of
the value of their work, but I also believe in freedom. Millions of Americans and other
people around the world have had their dignity and freedom and even their health and lives
stolen, because the media have failed their obligations.
Through the Internet we can construct a new way of communicating amongst
ourselves, but the lies being told to us and about us cannot be shielded by laws that were
meant to serve us. We must watch the watchman.