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54 Emory L.J. 979 (2005)
Government Regulation or Other Abridgements of Scientific Research: The Proper Scope of Judicial Review under the First Amendment

handle is hein.journals/emlj54 and id is 613 raw text is: GOVERNMENT REGULATION OR OTHER ABRIDGEMENTS OF SCIENTIFIC RESEARCH: THE PROPER SCOPE OF JUDICIAL REVIEW UNDER THE FIRST AMENDMENT Barry P. McDonald The right to search for truth implies also a duty; one must not conceal any part of what one has recognized to be true. -Albert Einstein' INTRODUCTION The success of the United States, and the prominent role it plays in world affairs, has been due in no small measure to the preeminence of its scientific 2 institutions. The hard sciences produce knowledge about how the natural . Associate Professor, Pepperdine University School of Law. J.D., Northwestern University, Chicago, Illinois (1988). 1 would like to extend my thanks and appreciation to Roger Alford, Vik Amar, Ed Larson, Bob Pushaw, Geoffrey Stone, and Dr. Doug Swartzendruber (Chair, Natural Sciences) for their very helpful comments on this Article. I would also like to thank Joseph O'Connell, Dan Parlow, and James Slattery for their invaluable research assistance. Finally, I gratefully acknowledge funding for my work on this Article from a research grant provided by Pepperdine University School of Law. 1 Engraving at the base of the Albert Einstein Memorial Statute on the grounds of the National Academy of Sciences. See Albert Einstein Memorial Statute, National Academy of Sciences (NAS), at http://www.nafionalacademies.org/nas/nashome.nsf (follow link to About the NAS The NAS Building- The Albert Einstein Memorial) (last visited Apr. 15, 2005). This quote appears to be a paraphrase of the following statement about academic, as opposed to scientific, freedom that Einstein made in a letter dated March 13, 1954: By academic freedom I understand the right to search for truth and to publish and teach what one holds to be true. This right implies also a duty: one must not conceal any part of what one has recognized to be true. THE GREAT QUOTATIONS 224 (G. Seldes ed., 1993). Although scientific freedom and academic freedom are related but distinct concepts, see infra notes 31, 54-58, 363-429 and accompanying text, the thrust of this Article is that Einstein's quote as paraphrased by the NAS is also apt with respect to claims that the First Amendment protects the freedom of scientific research. 2 This preeminence is by no means a sure thing. American science lagged considerably behind European science until the middle of the twentieth century in most areas of basic research. See I. Bernard Cohen, Science and the Growth of the American Republic, 38 REv. POL. 359, 359-84 (1976). Moreover, commentators today contend that the preeminence American science has achieved is at risk of being lost. See Editorial, Starving Science, WASH. POST, May 29, 2004, at A26 (discussing the decline of American preeminence in science and recent National Science Foundation reports asserting that American science is growing weaker due to a decline in competent math teachers, tighter post-9/11 immigration laws, and research funding issues).

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