[extropy-chat] Cloning and the Constitution

[Kurt Schoedel]

Along with many of you, I read with interest the piece by Brain 
Alexander about how scientific research is protected by the 1st 
amendment. I would like to add to this discussion. I believe that the 
opportunity exists to deliver a knockout blow, in terms of legality, to 
eliminate the bio-luddite pests once and for all.

The first amendment specifically states that freedom of expression is 
protected. Congress cannot make any law that limits self-expression, 
unless public safety (cannot yell "bomb" in a crowded cinema) or public 
welfare (reason for laws against "abusive" drugs such as cocaine and 
heroin) is at stake. Morphological changes to ones body (cosmetic, 
functional enhancement) is certainly a form of self-expression. Since 
the kind of enhancements that we want do not pose a threat to public 
safety or create a "burden" on society (in fact, they do quite the 
opposite), there is no legal basis or precedent for first amendment 
rights to be limited. It would seem to me that self-enhancement is, 
therefor, protected by the 1st amendment. Correct me if I am wrong, but 
this seems an "air-tight" legal argument to me.

Next time Francis Fukuyama brings up the notion of a regulatory 
committee that would regulate the use of medical technology on the 
basis of social interest, this fact should be pointed out to him.

My suggestion is that a legal fund be created for this specific 
purpose. When the anti-aging memory boosters come out (which they will 
by the end of the decade), if there are any "societal interest" 
restrictions placed on them (i.e. cannot be used for age-related memory 
loss), that this leagel fund be used to prosecute the case to SCOTUS, 
if necessary.

I believe the LEF (Life Extension Foundation) has both the financial 
resources as well as the motivation to pursue such a legal action. The 
LEF has extensive experience battling with regulators and working the 
legal system. They would have the know how and the perspective to do 
this successfully.

The bio-luddite position that such technology should be limited on the 
basis of "societal interests" is the classic example of Ayn Rand's 
comment about how "societal interests" really means that the rights of 
some people take priority over the rights of others.

I believe that the memory-enhancing drugs that are soon to be out will 
create for us an major legal opportunity to defend our liberties here. 
Lets not let this opportunity pass.

Kurt Schoedel
MetaTechnica