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From:
Sylvia Caras <[log in to unmask]>
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Date:
Fri, 22 Apr 2005 05:11:12 -0700
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Sell v. United States. The case was successful, with Dr. Sell winning a bar
on being force-drugged in an effort to make him legally competent to stand
trial.  All evidence was that Dr. Sell was mentally competent and posed no
danger to himself or others.  CCLE argued that the First Amendment protects
cognitive liberty - a right to integrity over one's own thought processes
and underlying neurochemistry. A new law review article published by
Elizabeth G. Shultz "Sell-ing Your Soul to the Courts: Forced Medication to
Achieve Trial Competency in the Wake of Sell v. United States," 38 Akron L.
Rev. 503 (2005) cites the CCLE's brief and adopts our argument, noting: "In
light of the seriousness of the First Amendment right to freedom of thought
at stake, the Court should have recognized that no governmental interest
can outweigh a person's right to freedom of thought, especially when the
defendant is non-dangerous and charged with non-violent crimes."

http://www.uakron.edu/law/lawreview/pdf/Schultz382.pdf

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