[ OUR OPINION ]
Scientists may need
to censor information that
would aid terroristsThe war on terror has presented Americans with many difficult choices between the need to secure lives and property and the desire to maintain precious liberties in an open, vibrant society. Another of those questions has arisen for scientists.
THE ISSUE Scientists are pondering the question of publishing articles in professional journals that might aid terrorists.
"We are now being asked to allow authors to withhold critical information because of concern that significant data could be misappropriated or abused," wrote Ronald Atlas, president of the American Society for Microbiology, in a letter to the National Academy of Sciences in which he asked for advice.
On the one hand, America is at war with ruthless, merciless thugs who feel no restraint in employing weapons of mass destruction, including nuclear, chemical and biological weapons, against innocent people. Prudence dictates that every effort be made to prevent information that could be used to murder American citizens from falling into the wrong hands.
On the other hand, if the terrorists are allowed to impede the free flow of information, whether scientific or otherwise, they will have scored a victory, at least in part. Idealistically, they will have caused us to do away with a critical element that makes us free. Practically, they will have caused us to hamper the flow of information that is essential to our scientific and technological progress.
The Founding Fathers insisted on the First Amendment providing for freedom of speech and the press for both idealistic and practical reasons. They believed, and history has proven them right, that a free flow of information is vital to the well being, including the security, of our nation.
Fortunately, great minds have given us guidelines to make such judgments. The doctrine of "clear and present danger" set down by Justice Oliver Wendell Holmes of Supreme Court in a case labeled Schenck vs. the United States in 1919 has become the beacon in such instances and has carried so much weight that it bears repeating here:
"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right."
In the case at hand, authors of scientific articles and editors of scientific journals ought to apply the doctrine of clear and present danger to their work. If a direct, immediate, proximate threat can be shown, then the information should be withheld. But if that cannot be proven, the greater good dictates that the information should be published.
The decision, moreover, should be made by the scientists concerned, perhaps in close consultation with respected colleagues. It should not be made by mindless bureaucrats or elected politicians who have no scientific basis for making sound judgments.
BACK TO TOP
Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, Assistant Editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.comMary Poole, Editorial Page Editor, 529-4790; mpoole@starbulletin.com
The Honolulu Star-Bulletin (USPS 249460) is published daily by
John Flanagan, Contributing Editor 294-3533; jflanagan@starbulletin.com
Oahu Publications at 500 Ala Moana Blvd., Suite 7-500, Honolulu, Hawaii 96813.
Periodicals postage paid at Honolulu, Hawaii. Postmaster: Send address changes to
Star-Bulletin, P.O. Box 3080, Honolulu, Hawaii 96802.
