Constitutional Cloning Take 2- Wesley Smith & Brian Alexander

A couple of days ago we found Brian Alexander's Times magazine piece on the First Amendment and rights to research, specifically rights to clone. Brian commented that we were a bit too harsh. Now Wesley Smith comes to the debate with a quickly penned response to Alexander in the Weekly Standard. If you are scratching your head about the comments by Leon Kass in the Alexander essay, to the effect that Kass would "rather not think about" the constitutionality question, don't despair. Smith is only too happy to clarify the evils of a 1st Amendment argument. This is truly new territory for the neocon bioethics crowd - kind of like their adventure in human nature theory - and it makes for great reading.

UPDATE: NYT on Cloning and First Amendment

Brian Alexander, one of the best of the "bioethics essayists" to emerge in the past five years, helps the Times' Magazine make a first foray by a newspaper into one of the more interesting questions concerning current and pending laws governing both cloning and embryo research: could they survive an appellate court review? Is it unconstitutional (or wrong) to restrict scientific experimentation on the grounds that such a restriction violates freedom of expression? Brian quotes Robertson, Kass and Sunstein on the analogy between experimentation and reporting. Brian tells us the Times' editors cut his interview with Lori Andrews on her great work on the specific issue of the constitutionality of cloning per se. I wondered about why the piece didn't mention the important FDA policy prohibiting cloning that aims at gestation; Brian says the editors cut that too.