In 2006, the former manager of the US Food and Drug Administration’s drug safety unit was verbally reprimanded and excluded from meetings, after recommending that the drug Avandia used for diabetes include a written warning regarding congestive heart failure. When federal scientists decide to “blow the whistle” and report cases of wrongdoing they put themselves at risk of demotion, forced relocation and other forms of retaliation. As a result of failed legislative actions such as Whistleblower protection laws, many federal scientists are hesitant to get involved with controversial topics due to their fear of possible retaliation.
Woods Hole Oceanographic Institution, a non-profit organization dedicated to the research of ocean and coastal-related topics, calculated the volume of oil released during the Deepwater Horizon oil spill. BP, dissatisfied with WHOI’s findings, demanded that WHOI scientists turn over emails in which they were uncomfortable doing. Are they right, or does BP have an equal right to these incomplete thoughts? While “Reply to all” asserts that researchers who choose to study controversial topics must go in aware of the risks and be ready to reveal their findings, the article “Academic Freedom” claims “access to personal correspondence is a freedom too far.” This is leaving scientists susceptible to litigants who could discredit their work by using their information improperly and inaccurately. When giving information, you would think most would want official documents rather than incomplete thoughts.
WHOI had already supplied BP with more than 50,000 pages of documents, what else could BP have possibly wanted? WHOI was willing to give BP any information they wanted regarding the oil spill other than the personal thoughts of their employees and students; they reasoned that by surrendering such personal communications that would discourage scientists to study such topics that could be subjects of litigation. This discouragement has a negative effect in the field of science, which hinders innovations and possibly life-changing discoveries.
Why does this matter to us? The recurring requests for intellectual property have already made researchers more cautious of the topics they choose to discuss and the use of e-mail. This is not fair to either the researcher or those who could benefit from their possible findings. Knowing how many controversial issues there are in this world, leaves it impossible to imagine all of the research that is being tampered with and left unfound.
This issue regarding academic freedom, the freedom of teachers and students to pursue research and information used to publish their findings without censorship or restrictions from law, tests our rights as students and our ability to obtain and share research privately ("Academic"). The significance of this freedom being tried is expressed by Woods Hole Oceanographic Institution president Susan Avery and research director Laurence Madin in saying that the situation regarding BP’s action to obtain the private emails of scientists “should concern all those who value the principles of academic freedom and responsibility, and believe these principles to be essential to the integrity of the deliberative scientific process” (Keim).
There are numerous legislative acts in states attempting to give scientists more freedom, but there are also many that fail. Under the current whistleblower laws, which are very weak and unsuccessful, scientists have no protection if others retaliate against them for reporting an act of wrongdoing. As mentioned before, these laws are in place so scientists can voice their opinion even if it is not favored. This is just one example of the ineffective protection laws in place for scientists today. In a UCS survey that polled over 3,000 scientist across nine different government agencies, about two out of five said they feared retaliation for confronting their agency about wrongdoing in their work (Scudellari). Scientists are better off not saying anything in order to protect themselves. Legislative action continues to work towards the Whistleblower Protection Enhancement Act and making the laws more beneficial for its recipients; Angela Canterbury, director of public policy at the Project on Government Oversight, states under the improved act “it would go a long way toward ensuring scientists are not intimidated and research is not tampered with” (Scudellari). The passing of the Whistleblower Protection Enhancement Act is necessary to give federal scientists specific protections they deserve, including anti-censorship protections and the right to trial by jury to challenge disciplinary actions taken against them.
Evidently, accessing scientific documents hampers future research efforts in which hurt not only us, but also the organisms and environment that surrounds us. The idea of anyone being able to gain access to another’s thoughts and research is not right and its obvious how the academic community is sadly unprepared to deal with related challenges.
Works Cited
“Academic Freedom” Nature
http://vb3lk7eb4t.search.serialssolutions.com/?ctx_ver=Z39.88-2004&ctx_enc=info%3Aofi%2Fenc%3AUTF-8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle=Academic+freedom&rft.jtitle=Nature&rft.date=2011-11-10&rft.volume=479&rft.issue=7372&rft.spage=149&rft_id=info:pmid/22071722&rft.externalDocID=22071722
Keim, Brandon. "BP Demands Scientist Emails in Gulf Oil Spill Lawsuit." Wired Science. http://www.wired.com/wiredscience/2012/06/bp-scientist-emails/
“Reply to All” Nature 486
http://www.nature.com/nature/journal/v486/n7402/full/486157a.html
Scudellari, Megan. “Whistleblower protections for US government scientists flounder.” Nature Medicine. 17.3
http://www.nature.com/nm/journal/v17/n3/full/nm0311-234a.html


