Gulag Doctor bound
for Supreme Court
 
by Fintan Dunne, 02 Jan '03
Editor www.SickofDoctors.com


The US Supreme Court is to hear a case described as the Roe v. Wade of free thought.

Dr. Charles Sell is incarcerated by a bizarre catch-22 which means he cannot be tried until he agrees to take mind-altering drugs. Court doctors have judged him insane for holding particular political views and dissenting about AIDS causation, among other issues.

Dr. Sell won't take court-ordered antipsychotic medication and has been incarcerated without trial for almost five years, often in solitary confinement.

His alleged delusions include unorthodox views about the government's handling of the Waco tragedy, the nature of the Bosnia conflict, the causes of HIV/AIDS and other issues.

Sell is still facing charges of health care fraud for allegedly filing numerous false claims to Medicaid and private insurers for services that were not provided.

GULAG DISSENTERS

Glen Boire, legal counsel for the Center for Cognitive Liberty & Ethics (CCLE), says: "what's happening to Dr. Sell is unconscionable. He is under no obligation to think the way the government wants him to think, and the government should not be permitted to drug him against his will."

Without the freedom to control one's own consciousness," continues Boire, "what freedom remains?"

According to Boire, in the former Soviet Union, no equivalent to the First Amendment existed. Prison officials could label dissident thinkers "mentally ill" and forcibly drug them.

Boire notes, "If one vital objective of the Constitution is to draw lines between freedom and totalitarianism, surely the interior processes of the mind are protected against forcible invasion and alteration by the government. Even the 8th Circuit Court agrees that Dr. Sell is not a danger to himself or others.

The CCLE argues that the freedom of thought at stake in this case is comparable to the reproductive freedom granted to women by the Roe v. Wade decision. Just as Roe v. Wade established fundamental bodily rights the body," notes Boire, this case will decide what protections a person has over his or her own mind and thought processes.

SUPREME COURT HEARING

In March 2002, a Federal Court of Appeals for the Eighth Circuit made a 2 - 1 split decision which, in effect, established government power to forcibly medicate a person with mind altering drugs even before trial.

Dissenting Circuit Judge Kermit Bye argued that "the charges against Dr. Sell are not sufficiently serious to forcibly inject him with antipsychotic drugs on the chance it will make him competent to stand trial."

"It’s a shocking, inhumane decision. Now, all the government needs are allegations and a cooperative psychiatrist to forcibly drug any citizen," said Andrew Schlafly, General Counsel for the Association of American Physicians and Surgeons (AAPS) which filed the amicus brief the Supreme Court has agreed to review.



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