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Law and Scientific Inquiry

Richard Delgado and David R. Millen

• University of Washington Law School

“God, Galileo, and Government: Toward Constitutional Protection for Scientific Inquiry.” Washington Law Review 53 (May 1978): 349–404.

The frontiers which modern scientific research is opening up (such as recombinant DNA research) has aroused fears that could lead to prohibiting certain types of research. The authors examine how existing constitutional doctrine applies to state action which prohibits, burdens, or declines to fund scientific research promotions because the state considers the promotion, the likely results, or the inquiry itself as inappropriate. The private writings of Jefferson, Franklin, Madison, and other colonial notables make it obvious that scientific ideas and “the scientific spirit” were central to the thinking of some influential colonial leaders. From this, the authors conclude that anything which might be labelled as “scientific” to be clothed in first amendment constitutional protection.

Next, the authors review the “scientist's right to conduct basic research” in case law. Their discussion of thinking, experimentation, and the rights to speak and publish, and to know and to teach lead them to conclude that the government has no proper interest in interfering with scientific activity simply because it may produce inconvenient results. The authors equate state repression or refusal to promote dissemination of unpopular ideas with the kinds of research involving the life of beings—such as the creation of chimeras for spare parts—and the nature of life itself. The authors make a case for including so-called “scientific inquiry” into the field for first amendment protection.