Zack Lynch is author of The Neuro Revolution: How Brain Science Is Changing Our World (St. Martin's Press, July 2009).
The protection of our cognitive liberty was upheld today in no small part to CCLE's Amicus Brief which argues that forced medication infringes fundamental liberty.
The United States Supreme Court upheld the right to refuse unwanted psychotropic medication in its landmark decision in Sell v. United States. Ruling in favor of a St. Louis dentist who resisted government attempts to force medicate him with antipsychotic drugs, the Court held that while involuntary medication solely for trial competence purposes may be appropriate in some instances, those instances would likely be “rare.”
Glen Boire, who wrote the amicus brief said, "They made a good ruling, but they missed a major opportunity to recognize that thought is, at least partly, rooted in brain chemistry and that giving the government broad powers to directly manipulate the brain chemistry of a non-violent citizen would go against our nation’s most cherished values."
He continued, “Emerging neurotechnology from pharmaceuticals to brain scanners are making consciousness more accessible and manipulable than ever before,” said Boire, “the court had a chance to update legal thinking about cognition in a way could have been very relevant now and in the coming decades,” said Boire.
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