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from:
http://www.zolatimes.com/V3.8/pageone.html
<A HREF="http://www.zolatimes.com/V3.8/pageone.html">Laissez Faire City Times
- Volume 3 Issue 8</A>
The Laissez Faire City Times
February 22, 1999 - Volume 3, Issue 8
Editor & Chief: Emile Zola
-----
Walking the Walk

by Sunni Maravillosa


The United States� national anthem concludes "�the land of the free, and
the home of the brave." While it can be argued that freedom was limited
among certain classes of people at this country�s inception, most
individuals agree that in recent years our freedoms have been greatly
encroached upon, and with increasing speed. Also, many have lamented the
"lack of heroes" for today�s youth, which presumably stems in part from
the rarity of courage and character. Or, as it�s expressed today, it is
unusual to find someone who "walks the walk".

Unfortunately, this "hero" problem exists among those who fancy
themselves "freedom fighters" as well. Consider the number of web sites
which have all kinds of information and ideas related to freedom; then
consider the number of sites�and individuals�who are actively doing
something to promote freedom. Many talk the talk, but few, it seems,
walk the walk. Don�t misunderstand me�educating people is a very
important aspect of disseminating our ideas. Still, it�s much easier for
the majority of individuals to talk about freedom than it is to do
 freedom.

Peter McWilliams is not one of those individuals. You may recognize his
name; he�s the author of Ain�t Nobody�s Business If You Do: The
Absurdity of Consensual Crimes in a Free Society (Prelude Press, 1992),
as well as many other books. This book is perhaps the most thorough
extant exploration of the history and cost of consensual crime, and has
opened many minds to the ideas of libertarianism. That in and of itself
is doing freedom, but McWilliams has gone far beyond writing about these
ideas.

Peter McWilliams is engaged in a fight for his life. Because of that
fight, he�s been drawn into battle with the DEA and IRS. It�s ironic
that he�s being harassed in much the same way as he described in Ain�t
Nobody�s Business If You Do. In March of 1996, McWilliams was diagnosed
with cancer and AIDS. Frequent side effects of treatment for each are
nausea and loss of appetite. Prior to his illnesses, McWilliams had been
a supporter of one�s right to put whatever substance one desired into
 one�s own body on principle. Only after no other antinausea medications
proved effective for him, he tried medicinal marijuana on his doctor�s
recommendation. Once McWilliams experienced firsthand the dramatic
difference it could make, he became an ardent supporter of the medicinal
marijuana movement.

For that support, McWilliams drew the interest of various federal
government agencies. He placed a paid advertisement in the December 1,
1997 issue of Daily Variety, in which he discussed what he calls the
"Hollywood anti-drug blacklist." He criticized the DEA�s abuse of power,
including its threat to investigate the creative staff of Murphy Brown
 for an episode in which Murphy smokes marijuana for relief of
chemotherapy-induced nausea. (Yes, writing fiction is now sufficient to
make one a target, if it has a realistic drug message!)

On December 17, 1997, DEA and IRS agents executed a search warrant on
McWilliams� home, another residence he owns, and his business. He was
told only that the search was part of an "ongoing investigation". They
found marijuana�an amount within the legal limit in California�but still
seized the computer he was using to research and store a book manuscript
on medicinal marijuana.

Undeterred, McWilliams continued his activism. Realizing that he�d
become a target for the Feds, he had his lawyer send a letter to the DEA
stating that McWilliams expected to be arrested again, and all they
needed to do was tell him when and where to appear for his arraignment.
Despite this, DEA agents showed up at dawn, and arrested and jailed
Peter McWilliams on July 23, 1998, indicting him and eight others on
"federal medical marijuana violations". His bond was originally set at a
ridiculous $250,000 property bond, later changed so that cash was
accepted against it as well. While he was jailed�over a month�he did not
receive his prescribed "medical cocktail" for his AIDS and cancer
regularly, nor did he receive medicinal marijuana for his nausea. A
condition of McWilliams� release is drug testing, which means that he
cannot use marijuana to relieve his nausea. Other medications aren�t
effective for him, and his health has suffered as a result.

In a recent communication, McWilliams summed up his situation:

"It has been lonely these past six months since my release. My illness
prevents me from creating, which is my true passion. What little
productive time I have each day is spent preparing for my defense or
fending off creditors. � I cannot have visitors. I do not go out.
(Germs, you know. A flu could kill me.) I live the life of a hermit,
laying in bed battling nausea, and going out only for medical
appointments and court appearances.

"But � I am reminded that I am not alone. And I am not wrong. I have not
intentionally put my life in jeopardy for an unworthy cause. Like those
who tossed chests of tea into Boston Harbor, were stationmasters on the
Underground Railroad, were jailed for woman's suffrage and reproductive
rights, who stood up to McCarthy, Marched with King, and protested
against the War in Vietnam, � getting marijuana to those in medical need
it is a worthy cause. [sic] �If you don't have something you're willing
to die for,� wrote Martin Luther King, �You're [sic] life's not worth
living.� I have found this to be true. In the midst of my
perhaps-impending death, I have never felt more fully alive. Sen.
Vasconcellos reminds me that a life can be just a letter�a perfectly
good letter, but still just a letter�or it can be part of a great
sentence. �Marijuana is medicine,� is a sentence worth dying for."

In actuality, Peter McWilliams� case is about much more than medicinal
marijuana. It involves freedom of speech�McWilliams believes he was
originally targeted because of his outspoken criticism of the DEA. With
the intimidation tactics they�ve used against him, it�s likely others
have been cowed, even though McWilliams himself has not been. It
involves the Tenth Amendment�the right of the states to pass their own
laws, without pressure from the federal government. Janet Reno and her
cronies have made it clear that they have no respect for the Tenth
Amendment, particularly when it comes to the drugs they don�t approve
of. His case concerns the fundamental human right of
self-determination�the right to choose what to do and how to do it, as
long as that does not harm others or their property.

Aside from these more theoretical and judicial matters, Peter
McWilliams� situation offers several lessons those of us who value
freedom would be well-advised to heed. McWilliams is a well-known
writer; he�s written several books in addition to Ain�t Nobody�s
Business If You Do, with more than one best-seller among them. The Feds�
shabby treatment of him�some believe they are actively trying to kill
him, an idea which has some merit�indicates they think they can get away
with such brutality. If that�s true, where will they draw a line when
coming after someone who isn�t well known? Will they have any moral
qualms about creating evidence when they know that public scrutiny won�t
accompany their actions? We who value freedom can�t count on being
right, or a constitutional basis for our arguments, to help us. As
horrific as the ordeal McWilliams is going through is, it must be worse
for individuals who won�t have the public history and support he has on
his side. The Feds obviously see the citizens as stupid animals to be
corralled and controlled as they see fit, and they are increasingly
confident that they can get away with this treatment.

Most important is the example McWilliams is setting. He isn�t in this
for martyrdom, nor for attention�McWilliams is engaged in this battle,
which may cost him his life, because it�s the right thing to do, and if
he doesn�t fight, he�ll die anyway. Because of that, no matter what the
Feds do to him, he can�t lose. Yes, they may kill him, but in that, more
will learn about his actions, and will find it in themselves to take up
his cause. More will become sickened by the tightening grip of
government�s hand and will begin to resist in other ways. If he wins,
he�ll be back to his writing and activism, again with a larger audience
than if the Feds had let him alone.

How many of us�we who write about freedom and think Big Thoughts about
what a libertarian or anarchic society would be like�would make the
choices McWilliams has? It�s easy to talk the talk, particularly with
the Internet as the forum, where anonymity can cloak one�s identity as
well as location. Signing petitions against the FDIC "Know Your
Customer" proposal or National ID are easy actions to take�those are
baby steps in walking the walk compared to what Peter McWilliams is
doing. It takes bigger steps to actively resist the government�s
attempts to brand us with the National ID, or to monitor our every
financial transaction with the "Know Your Customer" proposal, or to take
all of our firearms away.

This nation is no longer the land of the free, nor the home of the
brave. Because more of us have not been courageous enough to take
action, our freedoms continue to disappear. But not where Peter
McWilliams is. He is free. He may not agree with my characterization of
him, but he is an example of the kind of courage that it takes to fight
against those who enslave us�including ourselves, with our doubts and
fears and hesitations. If we are to win this battle, we must be prepared
to take the kinds of actions McWilliams has, and to pay the prices that
will accompany that choice. Each individual must think about these
issues, decide where one�s limit is, and what one is willing to do to
resist. Not everyone needs to be as heroic as McWilliams�but if we are
to make a difference, we need to take action. What anthem will you
choose to sing as the days pass and more liberties vanish�will it be the
national anthem that�s long been a farce, or will it be an anthem of
freedom, spurring others to act in love of liberty?

References

Another Low in the War on (some) Drugs, by Sunni Maravillosa
(http://home.lrt.org/lrt.mar98.essay.htm)

How Low Can They Go?, by Sunni Maravillosa
(http://home.lrt.org/lrt.essay.howlow.htm)

Medical Marijuana Magazine (http://www.medicalmarijuana.com)

ACLU Press Release
(http://206.41.12.194/mcwilliams/motion1/temp/aclu/aclu.htm)

Pretrial Statement by Peter McWilliams (http://www.petertrial.com/)

CA Senator Vasconcellos� statement in support of Peter McWilliams
(http://home.lrt.org/lrt.mcwilliams.vasconcellos.htm)



------------------------------------------------------------------------


Sunni Maravillosa is a psychology professor, a writer, and the web
mistress for the Liberty Round Table.

-30-

from The Laissez Faire City Times, Vol 3, No 8, Feb. 22, 1999
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