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Health Law and Policy Commons

Open Access. Powered by Scholars. Published by Universities.®

2012

Science and Technology Law

Georgetown Law Faculty Publications and Other Works

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Full-Text Articles in Health Law and Policy

The Limits Of Government Regulation Of Science, John D. Kraemer, Lawrence O. Gostin Jan 2012

The Limits Of Government Regulation Of Science, John D. Kraemer, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The recent controversy over the National Science Advisory Board for Biosecurity’s (NSABB) request that Science and Nature redact key parts of two papers on transmissible avian (H5N1) influenza reveal a troubled relationship between science and security. While NSABB’s request does not violate the First Amendment, efforts to censor the scientific press by force of law would usually be an unconstitutional prior restraint of the press absent a compelling state interest. The constitutional validity of conditions on grant funding to require pre-publication review of unclassified research is unclear but also arguably unconstitutional.

The clearest case where government may restrict ...