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Bioterrorism and the right to research

Nature Reviews Genetics volume 4, page 248 (2003)Cite this article

In reconciling those interests, it is helpful to recall that in most countries there is no clear set of legal rights that protect what scientists may do. In the United States, for example, the rights to free speech protect a scientist's choice of research topic and the publication of results, but they leave room for government restrictions in the methods that are used and the projects that are funded. The right to research and publish does not include the right to use any method to achieve this goal, such as the use of human subjects without their consent, or the use of chemicals or pathogens that pose a high risk of harm. Funding agencies can also set limits on the topics that can be pursued, the methods that can be used and what may be published2.

Against this backdrop, the attempts of governments to reduce the chance that biological research could be used to produce bioweapons raise issues of policy more than of rights. The main question is whether the burdens on free inquiry and exchange are justified by the threats or dangers that they might pose. The scientific community has made clear its willingness to cooperate in minimizing threats to security3. For example, the editors of 20 leading scientific journals have announced that they will weigh the potential harm of publication against the scientific benefits of an article, and make the decision to modify or to publish on that basis4. It is essential that the government be also sensitive to the needs of science.

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References

  1. 1. Fraser, C. M. & Dando, M. R. Genomics and future biological weapons: the need for preventive action by the biomedical community Nature Genet. 29, 253–256 (2001)

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  2. 2. Robertson, J. A. The scientists right to research: a constitutional inquiry. Southern California Law Review 51, 1203–1281 (1978)

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  3. 3. Alberts, B. & May, R. M. Scientist support for biological weapons control. Science 298, 1135 (2002)

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  4. 4. Editorial. Statement on the consideration of biodefence and biosecurity. Nature 421, 771 (2003)

  5. 5. Schemo, D. J. Scientists discuss balance of research and security. New York Times A12 (1 January 2003).

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  1. University of Texas School of Law,

    John A. Robertson

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  1. John A. Robertson
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Robertson, J. Bioterrorism and the right to research. Nat Rev Genet 4, 248 (2003). https://doi.org/10.1038/nrg1048

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